s.18Appointment of non-executive members
18
Section 18Part 3 — The Board

Appointment of non-executive members

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The Cabinet shall appoint a non-executive member from among the nominations received by the Cabinet from the Nominating Committee but the Speaker or a member of the Cayman Islands Parliament or a public officer may not be appointed as a non-executive member.
There is established a body to be called the Nominating Committee which shall consist of —
the chief officer who shall be the chairperson;
the Deputy Governor;
a member appointed by the Premier;
a member appointed by the Leader of the Opposition; and
the Chair.
A simple majority of the members of the Nominating Committee shall constitute a quorum.
The Nominating Committee shall make its decisions by simple majority vote and each member shall have a single vote; and the chairperson of the Nominating Committee shall not have a vote but may exercise a casting vote in the event of an inconclusive vote among the other members.
The chairperson of the Nominating Committee shall cause a notice soliciting applications for the position of non-executive member to be published in newspapers in wide circulation in the Islands —
in respect of the initial non-executive members, within fifteen days of the coming into effect of this section; and
in respect of any subsequent vacancy for the non-executive member at either the earlier of —
ninety days prior to the date on which a non-executive member's term is set to expire; or
fifteen days after receiving a notice from a non-executive member stating that the member intends to resign prior to the expiration of the member's term or fifteen days after a vacancy occurs for any reason.
The notice shall set out the required background and experience required reflecting the skills and experience required on the Board which together will enable the Office to discharge its functions.
An application for the position of non-executive member shall be submitted to the Nominating Committee in writing, in accordance with the procedures specified in the notice, together with a written declaration that the applicant —
has no personal or pecuniary interest, direct or indirect, in a sectoral utility;
has not been adjudged bankrupt;
has not been convicted in the Islands or elsewhere of any offence involving dishonesty or fraud or any other offence that is likely to bring the Office into disrepute; and
is not otherwise unable or unfit to discharge the functions of a Member.
A person who has previously served as a non-executive member for two consecutive terms may apply in the manner specified in this section for appointment as a non-executive member following a minimum period of three years following the end of the person's second term of the consecutive period.
Within forty-five days after the date on which a notice specified in subsection (5) has been published but not earlier than twenty-one days after such date, the Nominating Committee shall submit its recommendations to the Cabinet.
In making its nominations, the Nominating Committee shall —
use a merit-based and objective approach;
ensure that the non-executive members will together have appropriate expertise in the relevant regulated sectors;
ensure that the non-executive members will together have broad experience, such as experience that would be expected of professionally qualified economists, engineers, lawyers, accountants or persons having backgrounds in business;
present a plurality of options and skills to enable the Cabinet to make selections from the widest choice of candidates possible; and
provide the Cabinet with a description of the recruitment, assessment and selection processes used and the results of those processes.

Defined Terms

Nominating Committeenon-executive member

Referenced By