CHAPTER 588t

CONNECTICUT PORT AUTHORITY

Table of Contents

Secs. 32-425 to 32-434. Definitions. Connecticut Port Authority; establishment; board members; procedures. Perpetual succession; termination. Board of directors. Executive director. Purpose. Powers. Foreign-trade zones. Annual reports; examination; audits. Business plan; reports.

Sec. 32-435. (Note: This section is effective October 1, 2015.) Connecticut Port Authority. Powers and duties. Board of directors. Executive director.

Secs. 32-436 to 32-449. Reserved


Secs. 32-425 to 32-434. Definitions. Connecticut Port Authority; establishment; board members; procedures. Perpetual succession; termination. Board of directors. Executive director. Purpose. Powers. Foreign-trade zones. Annual reports; examination; audits. Business plan; reports. Sections 32-425 to 32-434, inclusive, are repealed, effective July 1, 2004.

(P.A. 93-413, S. 1–10, 16; P.A. 95-250, S. 1; 95-325, S. 5, 16; P.A. 96-211, S. 1, 5, 6; P.A. 00-66, S. 31; P.A. 01-143, S. 1, 2, 8; P.A. 04-143, S. 35.)

Sec. 32-435. (Note: This section is effective October 1, 2015.) Connecticut Port Authority. Powers and duties. Board of directors. Executive director. (a) There is hereby established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental function, to be known as the Connecticut Port Authority. The authority shall not be construed to be a department, institution or agency of the state. The purposes of the Connecticut Port Authority shall be to coordinate port development, with a focus on private and public investments, pursue federal and state funds for dredging and other infrastructure improvements to increase cargo movement through Connecticut ports, market the advantages of such ports to the domestic and international shipping industry, coordinate the planning and funding of capital projects promoting the development of such ports and develop strategic entrepreneurial initiatives that may be available to the state. The authority is authorized and empowered to:

(1) Have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) Adopt an official seal and alter the same at pleasure;

(3) Maintain an office at such place or places as it may designate;

(4) Sue and be sued in its own name, and plead and be impleaded;

(5) Develop an organizational and management structure that will best accomplish the goals of the authority concerning Connecticut ports;

(6) Create a code of conduct for the board of directors of the authority consistent with part I of chapter 10;

(7) Adopt rules for the conduct of its business, which shall not be considered regulations as defined in subdivision (13) of section 4-166; and

(8) Adopt an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect.

(b) The authority shall continue as long as it has bonds or other obligations outstanding and until its existence is terminated by law, provided no such termination shall affect any outstanding contractual obligation of the authority and the state shall succeed to the obligations of the authority under any contract. Upon the termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state of Connecticut.

(c) The powers of the authority shall be vested in and exercised by a board of directors, which shall consist of fifteen voting members as follows: (1) The State Treasurer, or the Treasurer’s designee, the Commissioner of Energy and Environmental Protection, or the commissioner’s designee, the Commissioner of Transportation, or the commissioner’s designee, and the Commissioner of Economic and Community Development, or the commissioner’s designee, all of whom shall serve ex officio; (2) one appointed by the speaker of the House of Representatives for a term of two years; (3) one appointed by the majority leader of the House of Representatives for a term of two years; (4) one appointed by the minority leader of the House of Representatives for a term of two years; (5) one appointed by the president pro tempore of the Senate for a term of four years; (6) one appointed by the majority leader of the Senate for a term of four years; (7) one appointed by the minority leader of the Senate for a term of four years; and (8) five appointed by the Governor, two for a term of four years and three for a term of two years. Thereafter, such members of the General Assembly and the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. Appointed members shall have business and management experience and shall include individuals who have experience and expertise in one or more of the following areas: (A) International trade, (B) marine transportation, (C) finance, or (D) economic development. The board of directors shall select the chairperson from among the members of the board, who shall serve for a term of four years. The board of directors shall select a vice-chairperson from among its members and such other officers as it deems necessary.

(d) No appointed member of the board of directors may designate a representative to perform his or her respective duties under this section in such member’s absence. Any appointed member who fails to attend three consecutive meetings of the board or who fails to attend fifty per cent of all meetings of the board held during any calendar year shall be deemed to have resigned from the board. Any vacancy occurring other than by expiration of term shall be filled not later than thirty days following the occurrence of such vacancy in the same manner as the original appointment for the balance of the unexpired term. The appointing authority for any member may remove such member for inefficiency, neglect of duty or misconduct in office after giving the member a copy of the charges against the member and an opportunity to be heard, in person or by counsel, in the member’s defense, upon not less than ten days’ notice. If any member shall be so removed, the appointing authority for such member shall file in the office of the Secretary of the State a complete statement of charges made against such member and the appointing authority’s findings on such statement of charges, together with a complete record of the proceedings.

(e) The members of the board of directors shall appoint an executive director of the authority who shall not be a member of the board and shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board. The executive director shall: (1) Have extensive experience in the development and management of multiuse port operations; (2) be the chief administrative officer of the authority and direct and supervise administrative affairs and technical activities in accordance with the directives of the board; (3) approve all accounts for salaries, allowable expenses of the authority or of any employee or consultant thereof, and expenses incidental to the operation of the authority; (4) perform such other duties as may be directed by the board in carrying out the purposes of this section; (5) be exempt from the classified service; and (6) attend all meetings of the board, keep a record of the proceedings of the authority and shall maintain and be custodian of all books, documents and papers filed with the authority and of the minute book or journal of the authority and of its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

(f) Each member of the board of directors shall serve without compensation, but shall be reimbursed for such member’s actual and necessary expenses incurred during the performance of such member’s official duties.

(g) Members of the board of directors may engage in private employment, or in a profession or business, subject to any applicable laws, rules and regulations of the state regarding official ethics or conflict of interest.

(h) Notwithstanding any provision of the general statutes, it shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a member of the board of directors of the authority, provided such trustee, director, partner, officer or individual shall comply with all applicable provisions of chapter 10.

(i) Eight members of the board of directors of the authority shall constitute a quorum for the transaction of any business or the exercise of any power of the authority. For the transaction of any business or the exercise of any power of the authority, and except as otherwise provided in this section, the authority may act by a majority of the members present at any meeting at which a quorum is in attendance.

(j) The board may delegate to eight or more members such board powers and duties as it may deem necessary and proper in conformity with the provisions of this section and its bylaws.

(k) The initial members of the board may begin service immediately upon appointment, but shall not serve past the sixth Wednesday of the next regular session of the General Assembly unless qualified in the manner provided in section 4-7. Thereafter, all appointments shall be made with the advice and consent of both houses of the General Assembly, in the manner provided in section 4-19.

(l) On or before December fifteenth of each year, the board shall report, in accordance with the provisions of section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to transportation, commerce and the environment, summarizing the authority’s activities, disclosing operating and financial statements and recommending legislation to promote the authority’s purposes.

(m) Not later than seven days after receiving an audit of the authority conducted by an independent auditing firm, the board shall submit, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, commerce, the environment and transportation a copy of each such audit.

(P.A. 14-222, S. 1.)

History: P.A. 14-222 effective October 1, 2015.

Secs. 32-436 to 32-449. Reserved for future use.