(1) Board members of a mass transit district may not be elected at the time of formation, but if a district is formed, the Governor shall, within 60 days after receiving a certified copy of the formation order, appoint from subdistricts the members of the first board of directors of the district, designate one member as the temporary chairperson and fix the time and place of the organizational meeting.
(2) The board of directors of a mass transit district shall consist of seven members. One director shall be appointed from each of seven subdistricts. The Governor shall appoint as one of the directors a person who regularly uses the services provided by a mass transit system. Directors shall reside in thesubdistrict from which they are respectively appointed. The subdistricts shall be as nearly equal in population as possible based on the latest federal census and shall be designed to ensure representation of the most populous city, other cities and unincorporated territory in the proposed district proportionate to their respective populations provided that if less than the entire district is taxed by the district, the subdistricts shall be wholly within the taxed area. The district or, if the taxed area is less than the entire district, the taxed area shall be divided into subdistricts initially, and after each succeeding federal census, by the Secretary of State.
(3) The term of office of a director is four years, but each director shall serve at the pleasure of the Governor. Before the expiration of the term of a director, the director’s successor shall be appointed. A director is eligible for reappointment. In case of a vacancy for any cause, the Governor shall appoint a person to serve for the unexpired term. A director whose term has expired shall continue to serve until the appointment of a successor unless discharged by the Governor.
(4) All appointments of members of the board by the Governor are subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. [Formerly 267.110; 2007 c.71 §80]
I actually have to side with TriMet here: Tiffany Sweitzer's presence as a member of the Board of Directors is 100% legal and in line with Oregon Revised Statutes; further it is the ORS, not TriMet Code, that is the law of the Board of Directors (TriMet Code makes no mention of the term of a Board member.)
Now this is a time that I think Erik is actually correct. I would just highlight one other sentence; it appears the ball was dropped in Salem:
ReplyDeleteBefore the expiration of the term of a director, the director’s successor shall be appointed.
Also, it's unclear if there can be only one reappointment (2 term limit), and I think the Governor can only shorten the term of a director, not decide that ththey should serve longer.
Before the expiration of the term of a director, the director’s successor shall be appointed.
ReplyDeleteThis is not a legal requirement and very rarely is it ever a requirement. (The Jeff Cogen situation, apparently is the exception; Multnomah County's Charter requires a Chair to name a successor, of course the U.S. Presidency and most state Governors have a line of succession pre-established.) There is no need to pre-define a successor to TriMet's Board.
it's unclear if there can be only one reappointment (2 term limit)
There is no term limits for TriMet's Board. The Board serves at the Governor's pleasure.
I think the Governor can only shorten the term of a director, not decide that ththey should serve longer.
The Board serves at the Governor's pleasure. The Governor can name the Board as long as he or she wants; the Governor can extend a term to his or her desire.
This is not a legal requirement and very rarely is it ever a requirement.
ReplyDeleteHow so, seeing that its in the statue? Also, the successor would be picked by the Governor and not by the board.
There is no term limits for TriMet's Board.
That's not what I'm seeing:
http://www.trimet.org/about/board.htm
http://portlandtransport.com/archives/2010/12/introducing_you.html
http://www.oregonlive.com/special/index.ssf/2008/02/giustos_job_tangled_with_his_p.html