2016 North Dakota Century Code Title 37 Military Chapter 37-18.1 Administrative Committee on Veterans' Affairs
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CHAPTER 37-18.1
ADMINISTRATIVE COMMITTEE ON VETERANS' AFFAIRS
37-18.1-01. Administrative committee on veterans' affairs - Membership Appointment.
There is hereby created an administrative committee on veterans' affairs, which, for
purposes of this chapter, must hereinafter be referred to as the committee. The committee must
consist of three ex officio nonvoting members and fifteen voting members. The adjutant general,
the center director of the veterans' administration, and the executive director of job service
North Dakota are the ex officio nonvoting members who shall serve in an advisory capacity to
the committee. On or before June 20, 1971, the American legion, the veterans of foreign wars,
the disabled American veterans, the veterans of World War II, Korea, and Vietnam, (amvets),
and Vietnam veterans of America, incorporated, shall each prepare a list containing the names
of six persons qualifying as veterans under the provisions of section 37-01-40, for appointment
as voting members of the committee. On or before July 1, 1971, the governor shall select fifteen
nominees, three from each list, five of whom must be appointed to a term of three years, five of
whom must be appointed to a term of two years, and five of whom must be appointed to a term
of one year, or until their successors are appointed and qualified. On or before the twentieth day
of June in each year, beginning in the year 1972, each of the above-listed nominating
organizations shall submit a list containing the names of two persons who qualify as veterans
under the provisions of section 37-01-40, to the governor for appointment or reappointment as
voting members of the committee. On or before the first day of July in each year, beginning in
the year 1972, the governor shall select one nominee from each list, a total of five nominees, to
fill expiring terms of voting members of the committee. Each such appointment must be for a
term of three years, or until a successor is appointed and qualified. All terms begin on the first
day of July and end on the thirtieth day of June in the year specified. In case of the inability or
failure of any voting member of the committee to serve, the governor shall appoint another
member from a list of two persons qualifying as veterans under the provisions of section
37-01-40, submitted by the nominating organization represented by the member who was
unable or failed to serve. Such appointments must be made for the remainder of the unexpired
term.
37-18.1-02. Chairman - Secretary - Duties - Terms - Meetings.
A chairman and a secretary of the committee must be appointed by the governor from
among the voting membership of the committee. Such appointment must be made annually,
with the term of office to begin on the first day of July of the year specified and to end on the
thirtieth day of June of the following year. Meetings of the committee must be held upon the call
of the chairman, at such times and places as may be selected by the chairman, and upon due
notice to committee members by the secretary. Meetings must also be called by the chairman
upon the written request of any four voting members of the committee. A majority of the
members of the committee is required for a quorum, and a majority of the members present
voting in favor thereof is required for any action.
37-18.1-03. Powers and duties of committee - Creation of subcommittee and
governing board.
The committee is responsible for organization, policy, and general administration of all
veterans' affairs in the state of North Dakota. It has the following powers and duties:
1. The chairman and secretary of the committee, acting jointly, shall appoint a
seven-member governing board for administration of the veterans' home, from within
or outside the committee, subject to ratification of a majority vote of the committee,
and shall establish term lengths for service on the governing board. The governing
board has all ordinary powers required of a governing board, including the power to
establish qualifications for and selection of an administrator and to establish an
appropriate salary structure, subject to limitations of legislative appropriation. The
administrator serves at the pleasure of the governing board.
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The chairman and secretary of the committee jointly shall appoint a subcommittee to
be responsible for supervision and government of the department of veterans' affairs.
Once appointed, a subcommittee member may continue to serve as long as the
member remains a voting member of the committee, unless removed from the
subcommittee by joint action of the committee chairman and secretary. A member of
the subcommittee may not serve on the governing board of the veterans' home. Each
nominating organization listed in section 37-18.1-01 must have at least one voting
member nominated by the organization serving on the subcommittee. The
subcommittee shall select by majority vote of the members a chairman to preside for
the term of one year.
The committee shall appoint the commissioner of the department of veterans' affairs.
The commissioner must be a bona fide resident of the state, and must qualify as a
veteran as defined in section 37-01-40. The commissioner serves at the pleasure of
the committee. The committee shall determine the salary paid to the commissioner of
the department of veterans' affairs within the limits of legislative appropriation. The
commissioner of veterans' affairs shall serve as the executive secretary for the
subcommittee. The commissioner has no vote in the affairs of the subcommittee.
The committee shall, under recommendation from the board or the subcommittee,
present any matters needing attention and action to the appropriate board,
commission, agency, or department of the state, and the North Dakota veterans'
coordinating council.
The committee shall assure compliance with applicable federal and state laws in the
administration of both the department of veterans' affairs and the North Dakota
veterans' home and shall exercise its responsibilities in all things necessary to carry
out the provisions of this chapter in regard to organization, policy, and general
administration of the agencies served and involved in the conduct of veterans' affairs.
The board governing the veterans' home and the subcommittee governing the
department of veterans' affairs shall conduct an annual performance evaluation of the
administrator and commissioner, respectively, with the evaluation presented to the
committee. The board and subcommittee shall create and implement a strategic plan
for the veterans' home and the department of veterans' affairs, respectively. The board
and the subcommittee annually shall report as to the status of the respective strategic
plan to the committee. After receiving a report, the committee shall submit the report to
the governor.
37-18.1-04. Committee members not to receive compensation - Expenses permitted.
Committee members may not receive any compensation for the performance of their official
duties. Voting members may be reimbursed for travel expenses and meals and lodging
expenses in connection with their official duties at the same rate and in the same manner as are
elected officials and employees of the state, with payment to be made by the department of
veterans' affairs and the veterans' home to each of their respective subcommittee members
incurring the expenses. The payment must be made by warrant-check drawn by the office of
management and budget upon the submission of a proper voucher to it, signed by the
commissioner of veterans' affairs or the administrator of the veterans' home, as the case may
be.
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