Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 6 - By-Laws of Mississippi Tort Claims Board › Rule 21-301-6.1 - Officers and Meetings

Current through June 25, 2024
A.
Officers
				and Authority
: The presiding officer of the Board shall be a Chairman
				appointed by the Governor subject to the advice and consent of the Senate to
				serve at the will and pleasure of the Governor. A Vice-Chairman shall be
				elected by the membership of the board by majority vote at the annual meeting
				of the board to serve for a term of one year. The Chairman shall preside at all
				meetings and shall have such authority and shall perform such duties as
				provided by, or may be reasonably inferred from, statutory provision, these
				by-laws or as may be determined and conferred by a resolution of the board not
				inconsistent with the laws of this state or these by-laws. The Vice-Chairman
				shall be authorized to preside in the absence or incapacity of the Chairman.
The six (6) ex officio members of the Board are: the Director
				  of the Department of Environmental Quality, the Commissioner of Insurance; the
				  Director of the Department of Finance and Administration; the Attorney General;
				  the Commissioner of Public Safety; and the State Treasurer.
B.
Annual Meetings
: There shall
				be an annual meeting of the Board held each year in the offices of the
				Department of Finance and Administration on the first Thursday of June, unless
				notice of the meeting to be held shall designate another place and
				time.
C.
Regular
				Meetings
: The Board may authorize such other regular meetings as may be
				desired by resolution upon its minutes designating the time, date, and place of
				such regular meetings.
D.
Special Meetings
: Extraordinary meetings of the Board may be held upon
				call of the Chairman or upon petition of any four (4) members of the Board
				should the Chairman refuse to call a meeting. Such meetings may be held at any
				time or place upon five (5) days written notice preceding the date of such
				meeting. The written notice shall state the place, date, and hour of said
				meeting and the purpose for which the meeting is called. Said notice shall be
				delivered or mailed to each member of the Board at his or her regular mailing
				address.
E.
Quorum:
A
				quorum for the transaction of any business of the Board shall consist of an
				absolute majority of all the members of record of the Board. A quorum is
				necessary for any annual, regular or special meeting of the Board, and when a
				quorum is not present at any such meeting, a majority of the members present
				may adjourn the meeting to a time and place without the necessity of further
				notice to the members.
F.
Executive Director
: The Director of the Department of Finance and
				Administration shall serve as the Executive Director of the Board and shall be
				authorized to conduct the administrative affairs of the Board. The Board is
				authorized to employ on a fulltime basis a staff attorney who shall possess at
				a minimum the qualifications required to be a member of the Mississippi Bar,
				and such other staff as it may deem necessary to carry out the purposes of the
				tort claims statutes; the employees in the positions approved by the Board
				shall be hired by the Executive Director, shall be employees of the Department
				of Finance and Administration, and shall be compensated from the Tort Claims
				Fund. Upon recommendation of the Executive Director the Board shall define the
				duties and fix the compensation of such employees. The Executive Director shall
				execute all contracts and other instruments in writing on behalf of the Board
				which have been duly authorized by the Board. The Executive Director shall be
				charged with the duty of taking and preserving the official minutes of the
				meetings of the Board and shall provide copies of the proposed minutes to the
				members in advance of the next regular meeting. In addition, the Executive
				Director shall perform such other duties and functions as are incident to the
				office and not inconsistent with these by-laws.
G.
Rules of Order
: The most
				recent edition of Robert's Rules of Order shall serve as the rules of order for
				the Board.
H.
Proxies:
To the extent allowed under Mississippi law, a member of the
				Board may designate a proxy representative to act for such member in such
				member's absence, and the vote of such proxy representative shall be counted as
				the vote of such absent member.
Miss. Code Ann.
				  §§
										11-46-18;
				  11-46-19