§ 8061. Establishment of Authority; organization
(a) The Vermont Telecommunications Authority is hereby created and established as a body corporate and politic and a public instrumentality of the State. The exercise by the authority of the powers conferred upon it in this chapter constitutes the performance of essential governmental functions.
(b) The Authority shall have a Board of Directors of nine members selected as follows:
(1) the State Treasurer or his or her designee;
(2) the Secretary of Administration or his or her designee;
(3) one member of the House of Representatives appointed by the Speaker of the House;
(4) one member of the Senate appointed by the Committee on Committees of the Senate; and
(5) five at-large members appointed by the Governor, who may not be employees or officers of the State at the time of appointment.
(c) The Authority's powers are vested in the Board of Directors, and a quorum shall consist of five members. No action of the Authority shall be considered valid unless the action is supported by a majority vote of the members present and voting and then only if at least four members vote in favor of the action. The Governor shall select, from among the at-large members, a chair and vice chair, who may not be members of the General Assembly or employees or officers of the State at the time of the appointment.
(d) In making appointments of at-large and legislative members and the Chair, the appointing authorities shall give consideration to citizens of the State with knowledge of telecommunications technology, telecommunications regulatory law, transportation rights-of-way and infrastructure, finance, and environmental permitting. However, the legislative and five at-large members may not be persons with a financial interest in or owners or employees of an enterprise that provides broadband or cellular service or that is seeking in-kind or financial support from the Authority. The conflict of interest provision in this subsection shall not be construed to disqualify a member who has ownership in a mutual fund, exchange traded fund, pension plan, or similar entity that owns shares in such enterprises as part of a broadly diversified portfolio. In addition, at least one at-large member shall represent an area of Vermont determined by the Authority to be unserved by broadband at the time of his or her appointment or reappointment, and at least one at-large member shall represent an area of Vermont determined by the Authority to be unserved by mobile telecommunications at the time of his or her appointment or reappointment. The legislative and at-large members shall serve terms of two years beginning February 1 in odd-numbered years, and until their successors are appointed and qualified. However, three of the five at-large members first appointed by the Governor shall serve an initial term of three years. Vacancies shall be filled by the respective appointing bodies for the balance of the unexpired term. A member may be reappointed for up to three consecutive terms. Upon completion of a term of service for any reason, including the term's expiration or a member's resignation, and for one year from the date of such completion, a former Board member shall not advocate before the Authority on behalf of an enterprise that provides broadband or cellular service.
(e) The Authority shall hire and employ an Executive Director who shall serve as the Authority's chief administrative officer and shall direct and supervise the Authority's administrative affairs and technical activities in accordance with any rules, regulations, and policies set forth by the Authority. In addition to any other duties, the Executive Director shall:
(1) attend all meetings of the Authority, act as its secretary, and keep minutes of its proceedings;
(2) approve all accounts of the Authority, including accounts for salaries, per diems, and allowable expenses of any employee or consultant thereof and expenses incidental to the operation of the Authority;
(3) make an annual report to the Authority documenting the actions of the Authority and such other reports as the Authority may request;
(4) perform such other duties as may be directed by the Authority in the carrying out of the purposes of this chapter.
(f) Except for those members otherwise regularly employed by the State, the compensation of the Authority's members shall be the same as that provided by 32 V.S.A. § 1010(a). All members of the Authority, including those members otherwise regularly employed by the State, shall receive their actual and necessary expenses when away from home or office upon their official duties. (Added 2007, No. 79, § 1, eff. June 9, 2007; amended 2011, No. 53, § 16, eff. May 27, 2011.)