§ 42-34-4. Organization of authority.
(a) The Rhode Island industrial-recreational building authority, hereinafter in this chapter
called the "authority,� hereby created and established a body corporate and politic,
is constituted a public instrumentality of the state, and the exercise by the authority
of the powers conferred by the provisions of this chapter shall be deemed and held
to be the performance of essential governmental functions. The authority shall consist
of five (5) members, appointed by the governor for a period of five (5) years, as
herein provided.
(b) During the month of January, 1959, the governor shall appoint one member to serve
until the first day of February, 1960, and until the member's successor is appointed
and qualified, one member to serve until the first day of February, 1961, and until
the member's successor is appointed and qualified, one member to serve until the first
day of February, 1962, and until the member's successor is appointed and qualified,
one member to serve until the first day of February, 1963, and until the member's
successor is appointed and qualified, and one member to serve until the first day
of February, 1964, and until the member's successor is appointed and qualified.
(c) During the month of January, 1960, and during the month of January annually thereafter,
the governor shall appoint a member to succeed the member whose term will then next
expire, to serve for a term of five (5) years commencing on the first day of February
then next following and until the member's successor is appointed and qualified. A
member shall be eligible to succeed himself or herself.
(d) A vacancy in the office of a member, other than by expiration, shall be filled in
like manner as an original appointment, but only for the remainder of the term of
the retiring member. Members may be removed by the governor for cause.
(e) The authority may elect such officers from among its members as may be required to
conduct the authority's business. The chief executive officer of the commerce corporation
shall serve as executive director and chief executive officer, ex officio, of the
authority. Three (3) members of the authority shall constitute a quorum and the affirmative
vote of a majority of the members, present and voting, shall be necessary for any
action taken by the authority; except that, in no case shall any action taken by the
authority be taken by an affirmative vote of less than three (3) members. No vacancy
in the membership of the authority or disqualification of a member under § 42-34-16 shall impair the right of the quorum to exercise all rights and perform all the duties
of the authority. All of the members of the authority shall be reimbursed for their
actual expenses necessarily incurred in the performance of their duties.
(f) Appointments made under this section after the effective date of this act [April 20,
2006] shall be subject to the advice and consent of the senate.
(g) Newly appointed and qualified public members and designees of ex-officio members shall,
within six (6) months of their qualification or designation, attend a training course
that shall be developed with authority approval and conducted by the chairperson of
the authority and shall include instruction in the following areas: the provisions
of this chapter and chapter 46 of this title, chapter 14 of title 36, and chapter 2 of title 38; and the authority's rules and regulations. The director of the department of administration
shall, within ninety (90) days of the effective date of this act [April 20, 2006],
prepare and disseminate training materials relating to the provisions of chapter 46
of this title, chapter 14 of title 36, and chapter 2 of title 38.
(h) Members of the authority shall be removable by the governor pursuant to § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated
to capacity or fitness for the office shall be unlawful.
(i) The authority shall approve and submit a biannual report, each October 1 and each
April 1, to the governor, the speaker of the house of representatives, the president
of the senate, and the secretary of state, of its activities during the previous six
(6) months. The report shall provide: an operating statement summarizing meetings
or hearings held, meeting minutes if requested, subjects addressed, decisions rendered,
rules or regulations promulgated, studies conducted, policies and plans developed,
approved, or modified, and programs administered or initiated; a detailed review of
the authority's loan guarantee program, including a summary of each approved project,
the guarantee amount for each approved project, and estimated jobs created or retained
for each approved project; a consolidated financial statement of all funds received
and expended including the source of the funds, a listing of any staff supported by
these funds, and a summary of any clerical, administrative, or technical support received;
a summary of performance during the previous fiscal year including accomplishments,
shortcomings, and remedies; a synopsis of hearings, complaints, suspensions, or other
legal matters related to the authority of the authority; a summary of any training
courses held pursuant to subsection (g) of this section; a briefing on anticipated
activities in the upcoming fiscal year; and findings and recommendations for improvements.
The report shall be posted electronically on the general assembly and the secretary
of state's websites as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement
of this provision.