July 8, 1994
Mr. Roger Schecter, Director Division of Coastal Management
P. O. Box 27687 Raleigh, North Carolina 27611-7687
RE: ADVISORY OPINION: Coastal Resources Advisory Council Membership; G.S. 113A105(b).
Dear Mr. Schecter:
You have asked this office to review the statutory authority for the appointment of two (2) atlarge members to the Coastal Resources Advisory Council (CRAC). The appointments to the CRAC are governed by G.S. 113A-105(b), which provides that the membership cannot exceed forty-seven (47) members, but further specifies the manner of designating what results in fortyfive (45) members. Current CRAC membership totals 47, including two at-large.
In my opinion, there is no authority for at-large appointments. Any person apparently holding a seat pursuant to such a designation must be advised that he or she is not a CRAC member and asked to submit a resignation.
Persons who may have received an at-large appointment previously would be considered de facto officers of the CRAC, and their actions on behalf of the CRAC are not void. "The acts of a de facto officer will be held valid upon principles of policy and justice as to third persons having occasion to deal with the officer, since third persons have the right to act upon the assumption, without investigating his title, that he is a rightful officer." Strong’s N.C. Index 3d, Public Officers §7.1.
I trust this fully answers your question. If you have the need for further assistance, please feel free to contact me.
Daniel C. Oakley Senior Deputy Attorney General