§ 23-19-6. Creation, membership, and terms of the Rhode Island Resource Recovery Corporation.
(a) There is authorized, created, and established a public corporation of the state, having
a distinct legal existence from the state and not constituting a department of the
state government, with the politic and corporate powers set forth in this chapter,
to be known as the Rhode Island resource recovery corporation, ("the corporation�)
to carry out the provisions of this chapter. The corporation is constituted a public
instrumentality and agency exercising public and essential governmental functions,
and the exercise by the corporation of the powers conferred by this chapter shall
be deemed and held to be the performance of an essential governmental function of
the state.
(b) It is the intent of the general assembly by the passage of this chapter to create
and establish a public corporation and instrumentality and agency of the state for
the purpose of the activities authorized by this chapter, and to vest the corporation
with all powers, authority, rights, privileges, and titles that may be necessary to
enable it to accomplish those purposes. This chapter shall be liberally construed
in conformance with the purpose expressed in this section.
(c) The powers of the corporation shall be vested in nine (9) commissioners, consisting
of the director of administration, or the director's designee, who shall be a subordinate
within the department of administration, who shall serve as an ex-officio member,
and eight (8) public members to be appointed by the governor with advice and consent
of the senate, at least three (3) of whom shall be a resident of the town of Johnston.
In making these appointments, the governor shall give due consideration to recommendations
from the mayor of the town of Johnston and from the League of Cities and Towns. The
governor shall also give due consideration to recommendations from representatives
of the commercial waste haulers, and environmental advocacy organizations, and shall
consider persons experienced in the field of recycling. Those members of the corporation
as of May 4, 2006, who were appointed to the corporation by members of the general
assembly shall cease to be members of the corporation on May 4, 2006, and the governor
shall thereupon nominate one new member who shall serve the balance of the unexpired
term of his or her predecessor. Those members of the corporation as of May 4, 2006,
who were appointed to the corporation by the governor shall continue to serve the
balance of their current terms. Thereafter, the appointments shall be made by the
governor with advice and consent of the senate as prescribed in this section.
(d) All public members shall serve staggered three (3) year terms except as otherwise
provided in subsection (c) of this section. In the month of June each year thereafter,
the governor shall appoint the successor(s) to the commissioners the governor has
appointed whose terms expire that year, to serve for a term of three (3) years commencing
on the day they are qualified. All public members shall serve until their respective
successors are appointed and qualified. The members of the corporation shall be eligible
to succeed themselves.
(e) Any vacancy occurring in the office of a member by death, resignation, or otherwise
shall be filled by the governor with advice and consent of the senate in the same
manner as the original appointment for the balance of the unexpired term of the former
member as prescribed in subsection (c) of this section.
(f) Members of the corporation shall be removable by the governor pursuant to § 36-1-7, and removal solely for partisan or personal reasons unrelated to capacity or fitness
for the office shall be unlawful.
(g) The commissioners shall annually elect from among their number a chair, vice chair
and a treasurer, and any other officers that they may determine. Meetings shall be
held at the call of the chair or whenever two (2) commissioners so request. Four (4)
commissioners shall constitute a quorum, and any action taken by the corporation under
the provisions of this chapter may be authorized by resolution approved by a majority
of the commissioners present and voting at any regular or special meeting. No vacancy
in the membership of the corporation's board of commissioners shall impair the right
of a quorum to exercise all the rights and perform all the duties of the corporation.
(h) Commissioners shall receive no compensation for the performance of their duties, but
the commissioner shall be reimbursed for his or her reasonable expenses incurred in
carrying out the duties under this chapter.
(i) The commissioners of the corporation shall at regular intervals at least eight (8)
times a year conduct business meetings for the purpose of carrying out its general
business. The meetings shall be open to the public and all records and minutes will
be a matter of public record. The corporation shall be considered a "public body�
and shall be subject to the provisions of the Open Meetings Law, chapter 46 of title 42 and to the provisions of title 38 concerning public records.
(j) The corporation shall continue until its existence is terminated by law. At that time
its holdings and assets shall pass to and become vested in the state.
(k) The state shall indemnify and hold harmless every past, present, or future commissioner,
officer, or employee of the corporation who is made a party to or is required to testify
in any action, investigation, or other proceeding in connection with or arising out
of the performance or alleged lack of performance of that person's duties on behalf
of the corporation. These persons shall be indemnified and held harmless, whether
they are sued individually or in their capacities as commissioners, officers, or employees
of the corporation, for all expenses, legal fees and/or costs incurred by them during
or resulting from the proceedings, and for any award or judgment arising out of their
service to the corporation that is not paid by the corporation and is sought to be
enforced against a person individually, as expenses, legal fees, costs, awards or
judgments occur. Provided, however, that neither the state nor the corporation shall
indemnify any commissioner, officer, or employee:
(1) For acts or omissions not in good faith or which involve intentional misconduct or
a knowing violation of law;
(2) For any transaction from which the member derived an improper personal benefit; or
(3) For any malicious act.
(l) No one shall be eligible for appointment unless he or she is a resident of the state.