§ 42-113-4. Creation of the Rhode Island housing and conservation board. (a) There is hereby authorized, created and established a body politic and corporate to be known as the "Rhode Island housing and conservation board" to carry out the provisions of this chapter. The board is constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the board of the powers conferred by this chapter are deemed and held to be the performance of an essential governmental function of the state.

(b) The board shall consist of nine (9) members:

(1) The four (4) non-voting ex-officio members shall include the director of the department of environmental management, or a designee; the director of the office of intergovernmental affairs/housing, or designee; the executive director of the Rhode Island housing and mortgage finance corporation, or designee; and the director of the office of statewide planning, or designee.

(2) The governor, with the advice and consent of the senate, shall appoint five (5) members of the general public. In making these appointments, the governor shall give due consideration to recommendations made by the Rhode Island Community Reinvestment Association, Environment Council of Rhode Island, Rhode Island Association of Land Trusts, and representatives of tenancy advocacy and family farm associations.

(3) Any designee of the four (4) governmental members serving ex-officio as stipulated in subsection 42-113-4(b)(1) or of the three (3) members who is a chair or president of a non-governmental organization as stipulated in subsection 42-113-4(b)(2) shall be a subordinate of the designator within his or her respective department, office, or nongovernmental organization. These designees shall represent him or her at all meetings of the board.

(4) No one shall be eligible for public appointment unless he or she is a resident of this state.

(5) 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 is developed with board approval and conducted by the chair or his or her designee and shall include instruction in the subject area of chapter 113 of this title and chapters 46 of this title, 14 of title 36, and 2 of title 38 of Rhode Island general laws; and the board's rules and regulations.

(c) Those members of the board as of July 9, 2005 who were appointed to the board by members of the general assembly shall cease to be members of the commission on July 9, 2005. Public members of the board appointed by the governor will be appointed for three (3) year terms and cannot serve more than two (2) consecutive terms.

(d) Annually, the board shall elect from among its public members a chairperson and vice-chairperson. The board may elect from among its members any other officers it deems necessary. Meetings shall be held at the call of the chairperson or at the request of three (3) members. A majority of the sitting members shall constitute a quorum and action taken by the board under the provisions of this chapter may be authorized by a majority of the members present and voting at any regular or special meeting.

(e) Three (3) or more voting members of the board shall constitute a quorum for the transaction of business. A majority vote of those present shall be required for action. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the board.

(f) Any vacancy which may occur in the board shall be filled accordingly in the same manner as prescribed above.

(g) The board shall appoint and employ an executive director, and it shall be his or her duty to:

(1) Supervise and administer allocations made through the trust fund in accordance with this chapter and with the rules and regulations of the board;

(2) Act as the chief administrative officer having general charge of the office and records and to employ temporarily, subject to the approval of the board, necessary personnel to serve at his or her pleasure and who shall be in the unclassified service and whose salaries shall be set by the board;

(3) Act as executive secretary of the board; and

(4) Perform other duties as determined by the board, which are in accordance with this chapter and with the rules and regulations of the board.

(h) The board shall use the office of the attorney general for legal services.

(i) Within ninety (90) days after the end of each fiscal year, the board shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. 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 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 board; a summary of any training courses held pursuant to subdivision 42-113-4(b)(5); 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.

History of Section. (P.L. 1990, ch. 347, § 1; P.L. 2001, ch. 180, § 127; P.L. 2005, ch. 241, § 1; P.L. 2005, ch. 319, § 1; P.L. 2006, ch. 216, § 52.)