2011 Louisiana Laws
Revised Statutes
TITLE 34 — Navigation and shipping
RS 34:202 — Lake charles harbor and terminal district; ratification; board of commissioners; members; officers; agents; and employees

§202. Lake Charles Harbor and Terminal District; ratification; board of commissioners; members; officers; agents; and employees

A.(1) The governing authority of the district shall be a board of commissioners which shall be known as the Board of Commissioners of the Lake Charles Harbor and Terminal District. The board shall consist of seven members who shall be citizens of the United States and qualified voters, and inhabitants of this district during their terms of office.

(2)(a) The governor shall appoint commissioners, subject to Senate confirmation. Except for initial appointments and terms, which are provided for in Subparagraph (b) of this Paragraph, commissioners shall serve four-year terms and shall be appointed from nominations as follows:

(i) One of the successors to the two members serving initial terms as provided in Item (b)(i) of this Paragraph shall be appointed from a list of three nominees submitted by the governing authority of Lake Charles and the other from a list of three nominees submitted by the governing authority of Calcasieu Parish.

(ii) One of the successors to the two members serving initial terms as provided in Item (b)(ii) of this Paragraph shall be appointed from a list of three nominees submitted by the governing authority of Westlake and the other from a list of three nominees submitted by the governing authority of Cameron Parish.

(iii) Successors to the three members serving initial terms as provided in Item (b)(iii) of this Paragraph shall be appointed from a list of nominees submitted jointly by the state legislators who represent any part of the district.

(b) All seven initial appointments after May 29, 2003, shall be made from a list of nominees submitted jointly by the state legislators who represent any part of the district. A vacancy in an initial term prior to the expiration of the term shall be filled in the same manner as these initial appointments. Initial terms, as determined by lot at the first meeting, shall be as follows:

(i) Two members shall serve two years.

(ii) Two members shall serve three years.

(iii) Three members shall serve four years.

(3) Except as otherwise provided by Paragraph (2) of this Subsection, any vacancy in the membership of the board shall be filled for the remainder of any unexpired term, in the same manner as the person vacating the position was appointed.

(4) Nominations from the legislative delegation and appointments by the governor from those nominations shall be made so that the composition of the board includes at least two members of a racial minority or one member of a racial minority and one woman.

(5) No member shall serve more than two consecutive terms. After having served two consecutive terms, a commissioner shall not be eligible for appointment to the board for a period of eight years after completion of the second term.

B. Any commissioner may be removed by the governor but only for cause, including but not limited to a violation of Subsection D of this Section, and on charges preferred against him in writing and after public hearing and proof of the sufficiency of such charges. Any commissioner so removed shall have the right to test in the courts the sufficiency of the charges and of the evidence tendered in support thereof.

C. The commissioners shall serve without compensation.

D. The commission shall be responsible for establishing broad, directional policies of the district and may take only such action which is in accordance with powers and authorities established in this Part or otherwise as authorized by state or federal law. Neither the board of commissioners nor any individual member thereof shall conduct day-to-day business and operational affairs of the district nor shall any individual member direct or attempt to direct the day-to-day operational decisions of the port director or any other employee of the district.

Amended by Acts 1964, No. 401, §1; Acts 1975, No. 102, §1; Acts 1975, No. 789, §2; Acts 1980, No. 370, §1; Acts 1984, No. 798, §1, eff. July 13, 1984; Acts 1988, No. 351, §1, eff. Sept. 15, 1988; Acts 2003, No. 149, §1, eff. May 29, 2003.

NOTE: See Acts 2003, No. 149, §2, relative to appointment and terms of members.