2012 Delaware Code
Title 28 - Sports and Amusements
CHAPTER 15. DELAWARE GAMING CONTROL BOARD
§ 1502. Members; Chair; meetings; quorum; records; conflict of interest.

(a) Composition; Chair. -- The Delaware Board of Charitable Gaming shall be composed of 5 members. Membership on the Board shall include:

(1) The Director of the State Lottery Office or an employee, who shall have work related knowledge and experience in matters of gambling;

(2) A member of a nonprofit/charitable organization;

(3) A member active and in good standing from the Delaware Volunteer Firefighter's Association; and

(4) Two members of the public.

The Board shall annually elect a Chair from among its membership.

(b) Qualifications. -- No member shall, while serving on the Board, be an elected or appointed official of a professional association which represents or claims to represent an occupational group regulated by this chapter. During the period a member serves on the Board that member's primary business or occupational office shall be located within this State; and such member shall be fully qualified in the occupation or activity which the member represents.

(c) Appointment; term of office. --

(1) All members of the Board shall be appointed by the Governor with the consent of a majority of all members elected to the Senate.

(2) All Board vacancies shall be filled by the Governor for the remainder of the term vacated, and successors shall have the same qualifications required for the original appointment.

(3) No member shall serve 2 consecutive full terms; provided, however, that a member may succeed himself or herself for a full term if such full term immediately follows a partial term where the member had been appointed to fill a vacancy.

(4) All terms shall be for a period of 5 years; and the terms of Board members shall be staggered in such manner as will insure, as nearly as possible, an equal and uniform number of vacancies arising each year.

(5) The term of an appointed member shall expire on the date specified in the appointment, however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

(6) The Chair shall serve in that office for 1 year, and is eligible to succeed himself or herself for an additional year.

(d) Suspension or removal. -- A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(e) Compensation. -- Each member of the Board shall receive compensation at the rate of $100 per meeting if each member attends; provided, however, that no member shall receive compensation for the year in excess of $1,500 and the Board shall not be paid for more than 15 meetings during a calendar year.

(f) Meetings; quorum. --

(1) The Board shall hold a regularly scheduled business meeting monthly and at such other times as the Chair deems necessary, or at the request of a majority of Board members.

(2) Advance notice of any special meeting shall be given to all members.

(3) A majority of members shall constitute a quorum.

(4) Any member who fails to attend 3 consecutive meetings, or who fails to attend at least half of all regular meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office.

(g) Records. -- Minutes of all meetings shall be recorded and copies of the record shall be maintained by the Division of Professional Regulation. All matters relating to a hearing held pursuant to statute shall be recorded and transcribed by the Division.

(h) Conflict of interest. -- The provisions set forth for "employees" in § 5801 et seq. of Title 29 shall apply to all members of the Board, and to all agents and other persons appointed by or otherwise employed by the Board.

63 Del. Laws, c. 144, § 2; 65 Del. Laws, c. 226, §§ 1, 2; 65 Del. Laws, c. 325, §§ 1, 2; 65 Del. Laws, c. 355, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 350, § 151; 77 Del. Laws, c. 22, §§ 57-59; 77 Del. Laws, c. 378, § 1; 78 Del. Laws, c. 102, §§ 1, 7, 8.;