The Governor shall initially designate one member representing management and one member representing labor for terms expiring February 1, 1994; one member representing management and one member representing labor for terms expiring February 1, 1995; one member representing management and one member representing labor for terms expiring February 1, 1996; and one member representing management and one member representing labor for terms expiring February 1, 1997.

2. Removal. Board members hold office for the terms provided, unless removed, and until their successors are appointed and qualified. They must be sworn and may be removed by the Governor for inefficiency, willful neglect of duty or malfeasance in office, but only with the review and concurrence of the joint standing committee of the Legislature having jurisdiction over state and local government matters upon hearing in executive session or by impeachment. Before removing a board member, the Governor shall notify the President of the Senate and the Speaker of the House of Representatives of the removal and the reasons for the removal.

3. Vacancies. If a vacancy occurs during a term of a member, the Governor shall appoint a replacement to fill the unexpired part of the term. The replacement must be from the group represented by the member being replaced. In case the office of chair becomes vacant, the remaining board member who has served for the longest period of time shall act as chair until the Governor makes an appointment to fill the vacancy members shall, by agreement, select a successor chairperson. In the event that the 2 remaining members can not agree on the selection within 60 days of the vacancy, the Governor shall appoint the chairperson.

4. Chair. The board shall annually elect one of its members to serve as chair for a one-year term expiring February 1st each year. The term as chair of the first member elected to that position expires February 1, 1994. The chair must alternate between management and labor members. The chair may vote on all matters before the board.

5. Voting requirements. The board may take action only by majority vote of its membership. Decisions regarding the employment of an executive director and the appointment and

retention of hearing officers require the affirmative votes of at least 2 board members representing management and at least 2 board members representing labor.

6. Salary; expenses. A board member is entitled to a per diem of $100 per day. Members of the board receive their actual, necessary, cash expenses while on official business of the board.

7. Leave of absence. An employer may not terminate the employment of an employee who is appointed as a member of the board because of the exercise by the employee of duties required as a board member. The member is entitled to a leave of absence from employment for the period of time required to perform the duties of a board member. During the leave of absence, the member may not be subjected to loss of time, vacation time, or benefits of employment, excluding salary.

8. Headquarters; regional offices. The board must have its central office in the Augusta area and such district offices as it may choose to establish. The board may hold sessions at any place within the State.

9. Seal. The board must have a seal bearing the words "Workers' Compensation Board of Maine."

Sec. 2. Transition provisions. The terms of the members of the Workers' Compensation Board on the effective date of this Act end January 14, 2002. The Governor shall appoint 2 members to the board no later than January 15, 2002.

SUMMARY

This bill changes the composition of the Workers' Compensation Board. It provides for a board with 3 members, one representing management and one representing labor, appointed by the Governor, with the chair selected by agreement of the 2 appointed members.