We attended a Lake County Commissioners’ meeting a while back and heard from the Commissioners that they have NO control over the Port Authority and their actions. Well, while we continue to read and understand the Open Meetings Act 2019, we found this section that deals with the Commissioners and a Port Authority. It looks like the Commissioners absolutely have a very direct oversight role of the Port Authority.
79.191 ORGANIZATION OF THE BOARD OF A “NEW” PORT AUTHORITY; COMPENSATION; REMOVAL OF DIRECTORS:
Members of the board of directors elect a chair and vice-chair and designate the length of the term of office. The board also appoints a secretary, but the secretary is not required to be a board member. The secretary must furnish bond in an amount determined necessary by the board of directors because the secretary has responsibility for receiving and depositing funds and other financial responsibilities (ORC 4582.41). A majority of board members constitute a quorum and a majority vote of a quorum is required to take any action, unless the board has established a rule requiring a greater number of votes for specific actions (ORC 4582.27).
The board of directors may provide for the compensation of members of the board and for the reimbursement of reasonable expenses. In addition, members of the board of directors may be removed in two ways:
1. By the county commissioners, township trustees or other appointing authorities for misfeasance, nonfeasance or malfeasance in office, or
2. For having missed three consecutive regular meetings of the board of directors if the board has adopted a rule to this effect.
We wrote an article giving the definitions of misfeasance, nonfeasance, or malfeasance: https://lobbyistsforcitizens.com/2019/04/28/the-feasance-triplets-mal-mis-and-non/
The Port’s Board of Directors are supposed to have control over the Port’s Executive Director. In other words, the Executive Director reports to the Board of Directors, and the Directors are accountable to the Commissioners.
Sorry Commissioners, although you may want to abdicate your authority, you will be held accountable for the actions of the Lake County Port Authority.
Can you guess who will be watching all parties????