Revised Laws of Saint Lucia (2023)

3.   Constitution of Commission

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   (1)   The Governor General shall by writing under his or her hand appoint a chairperson and not more than 3 other persons to be members of the Commission. At least one member of the Commission shall be a person who is not a public officer or a retired public officer.

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   (2)   Members of the Commission shall hold office during the Governor General's pleasure and subject thereto the chairperson shall hold office for such period not exceeding 3 years, and any other member shall hold office for such period not exceeding 2 years as may be prescribed in the instrument by which he or she is appointed. However, a person shall, if qualified, be eligible for reappointment as a member of the Commission.

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   (3)   In the event of the chairperson being unavoidably absent from a meeting then the members present if of a sufficient number to form a quorum may elect one of their number to act as chairperson but in the case of absence from the Saint Lucia or other inability to act for a period of 2 weeks or more the Governor General may appoint any person to act in the place of the chairperson or of any other member of the Commission in similar circumstances.

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   (4)   At any meeting of the Commission the chairperson or acting chairperson and any 2 members shall form a quorum for the transaction of business. The chairperson or acting chairperson, as the case may be, shall have a deliberative as well as a casting vote. All decisions of the Commission shall be by a majority of the votes of the members present and voting. However, the chairperson, or acting chairperson, as the case may be, shall have a second or casting vote whenever the voting shall be equal.

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   (5)   Any member of the Commission may, if he or she is not a public officer, at any time, and, if he or she is a public officer, with the consent of the Governor General, resign his or her office by instrument in writing addressed to the Secretary of the Commission who shall forward the same to the Governor General and from the date of the receipt by the Secretary of the Commission of such instrument such member shall cease to be a member of the Commission and the vacancy caused by such resignation or by the death of a member or by the removal of a member shall be filled by the Governor General by the appointment of another person for the remainder of the term of office of the member whom he or she replaces.

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   (6)   The Governor General may appoint a Secretary to the Commission and such other officers as may in his or her opinion be necessary to constitute the staff of the Commission at such remuneration as the House of Assembly may by resolution approve. However, until this staff is appointed the duties of the Secretary to the Commission and of officers of the staff of the Commission shall be performed by such officers of the Government Office staff that the Governor General, nominates for the purpose.

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   (7)   The appointment, removal or resignation of any member of the Commission or of its Secretary shall be notified in the Gazette.