2005 North Carolina Code - General Statutes § 18B-700. Appointment and organization of local ABC boards.

Article 7.

Local ABC Boards.

§ 18B‑700.  Appointment and organization of local ABC boards.

(a)       Membership. – A local ABC board shall consist of three members appointed for three‑year terms, unless a different membership or term is provided by a local act enacted before the effective date of this Chapter, or unless the board is a board for a merged ABC system under G.S. 18B‑703 and a different size membership has been provided for as part of the negotiated merger. One member of the initial board of a newly created ABC system shall be appointed for a three‑year term, one member for a two‑year term, and one member for a one‑year term. As the terms of initial board members expire, their successors shall each be appointed for three‑year terms. The appointing authority shall designate one member of the local board as chairman.

(b)       City Boards. – City ABC board members shall be appointed by the city governing body, unless a different method of appointment is provided in a local act enacted before the effective date of this Chapter.

(c)       County Boards. – County ABC board members shall be appointed by the board of county commissioners, unless a different method of appointment is provided in a local act enacted before the effective date of this Chapter.

(d)       Qualifications. – The appointing authority shall appoint members of a local board on the basis of the appointees' interest in public affairs, good judgment, knowledge, ability, and good moral character.

(e)       Vacancy. – A vacancy on a local board shall be filled by the appointing authority for the remainder of the unexpired term. If the chairman's seat becomes vacant, the appointing authority may designate either the new member or an existing member of the local board to complete the chairman's term.

(f)        Removal. – A member of a local board may be removed for cause at any time by the appointing authority. Local board members are subject to the removal provisions of G.S. 18B‑202.

(g)       Salary. – A local board member may be compensated as determined by the appointing authority.

(h)       Conflict of Interest. – The provisions of G.S. 18B‑201 shall apply to local board members and employees.

(i)        Bond. – Each local board member shall be bonded in an amount not less than five thousand dollars ($5,000), secured by a corporate surety, for the faithful performance of his duties. A public employees' blanket position bond in the required amount satisfies the requirements of this subsection. The bond shall be payable to the local board and shall be approved by the appointing authority for the local board. The appointing authority may exempt from this bond requirement any board member who does not handle board funds, and it may also increase the amount of the bond for any member who does handle board funds.

(j)        Limited Liability. – A person serving as a member of a local ABC board shall be immune individually from civil liability for monetary damages, except to the extent covered by insurance, for any act or failure to act arising out of this service, except where the person:

(1)       Was not acting within the scope of his official duties;

(2)       Was not acting in good faith;

(3)       Committed gross negligence or willful or wanton misconduct that resulted in the damage or injury;

(4)       Derived an improper personal financial benefit from the transaction; or

(5)       Incurred the liability from the operation of a motor vehicle.

The immunity in this subsection is personal to the members of local ABC boards, and does not immunize the local ABC board for liability for the acts or omissions of the members of the local ABC board. (1981, c. 412, s. 2; c. 747, s. 50; 1981 (Reg. Sess., 1982), c. 1262, s. 10; 1989, c. 800, s. 19.)