Montana Code 2-15-1205. Board of veterans’ affairs — composition — quorum — voting — compensation — allocation
2-15-1205. Board of veterans’ affairs — composition — quorum — voting — compensation — allocation. (1) There is a board of veterans’ affairs.
Terms Used In Montana Code 2-15-1205
- Department: means a principal functional and administrative entity that:
(a)is created by this chapter within the executive branch of state government;
(b)is one of the 20 principal departments permitted under the constitution; and
(c)includes its units. See Montana Code 2-15-102
- Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
- Ex officio: Literally, by virtue of one's office.
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)(a) The board consists of 14 members. All members must be residents of this state. Six members are voting members, who must be confirmed by the senate, and eight members are nonvoting, ex officio members.
(b)The governor shall appoint 13 members in a manner that provides for staggered terms. The members are:
(i)five regional representatives, who must be voting members and who must have been honorably discharged from service in the military forces of the United States. Each must be appointed to represent a different geographic region of the state and must be a resident of that geographic region. The board shall establish the geographic regions by rule. A member who represents a geographic region and who changes residence to a different geographic region may no longer serve on the board unless appointed as a representative for the new location or as a representative meeting other criteria.
(ii)a representative of the office of state director of Indian affairs, who is a nonvoting member;
(iii)a representative from the department of public health and human services, who is a nonvoting member;
(iv)a representative of the United States department of veterans affairs, who is a nonvoting member;
(v)four members, one representing each house and senate member of Montana’s congressional delegation, who are nonvoting members; and
(vi)the director of the department of military affairs, who is a nonvoting member.
(c)The tribal leaders of the eight tribal councils in Montana may appoint one voting member who is affiliated with a Montana tribe and is an honorably discharged veteran. If a tribal member is not appointed by the Montana tribal leaders, the governor shall choose this member by lot from a pool of names submitted by the eight tribal councils in the state, with each tribal council submitting one name.
(3)A vacancy occurring on the board must be filled by the governor, subject to the conditions of subsection (2).
(4)A quorum is three voting members.
(5)A vote resulting in a tie is the same as a negative vote.
(6)Each voting member must receive meals, lodging, and travel expenses as provided for in 2-18-501 through 2-18-503. Compensation for the legislator who represents the state administration and veterans’ affairs interim committee must be paid from the board of veterans’ affairs budget.
(7)The board shall meet at least three times a year. Special meetings may be called by the administrator or by a majority of voting members. Meetings may be held at different locations around the state to give local veterans an opportunity to attend. Advance notice of meetings must be provided to all veterans’ groups and to any individual who requests notification.
(8)Each voting member may serve for a maximum of two terms. Each term is for 4 years.
(9)A member may be removed by the governor only for incompetence, malfeasance, or neglect of duty.
(10)The board is allocated to the department for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel, including an administrator. The administrator shall serve as the secretary of the board and may represent the board in communications with the governor and with other state agencies, notwithstanding the provisions of 2-15-121(3)(a).