Discretionary Powers. The Board of Land Commissioners is delegated discretionary power to regulate and control the use or disposition of lands in the beds of navigable lakes, rivers, and streams, to the natural or ordinary high water mark thereof, so as to provide for their commercial, navigational, recreational or other public use; provided that the Board shall take no action in derogation of or seeking to interfere with the riparian or littoral rights of the owners of upland property abutting or adjoining such lands. (Section 58-104(9), Idaho Code). (2-7-91)
Discretionary Powers. In addition to and not by way of limitation of any other powers conferred upon the Trustee by law or other provisions of this Agreement, but subject to Section 2.02 and this Article V, the Trustee is authorized and empowered, in its discretion:
(a) to xxx or defend suits or legal proceedings to protect or enforce any interest in the Trust and to represent the Trust in all suits or legal proceedings in any court or before any other administrative agency, body or tribunal, where it is advised by counsel that such action is required by applicable law;
(b) to organize corporations and/or partnerships or established ancillary or subsidiary trusts under the laws of any jurisdiction for the purpose of holding title to any property held in the Trust Fund;
(c) to borrow, subject to the provisions of Article VI and ERISA, for the purpose of the Trust from any person or persons, and for any sums so borrowed to issue its promissory note as Trustee and to secure the repayment thereof by pledging all or any part of the assets of the Trust fund; no person lending money to the Trustee shall be required to see to the application of the money lent or to inquire into the validity, expediency, or propriety of any such borrowing;
(d) to hold part of the Trust Fund uninvested in cash or cash balances for liquidity purposes and not be required to pay interest thereon;
(e) to hold any property at any place, except that it shall not maintain the indicia of ownership of any assets of the Trust Fund outside the jurisdiction of the district courts of the United States except as permitted by regulations issued by the Secretary of Labor of the United States under Section 404(b) or ERISA.
(f) to make, sign, acknowledge, and deliver deeds, leases, assignments, and other instruments;
(g) to cause any property to be registered in the name of its nominee, or to hold any such property in such form that it will pass by delivery and, in accordance with Sections 11-1.8 and 11-1.9 of the Estates, Powers and Trusts Law of the State of New York, to deposit or arrange for the deposit of any securities held by it with the Federal Reserve Bank of New York or in a clearing corporation (as defined in the New York State Uniform Commercial Code); provided, however, that the records of the Trustee shall at all times show that any such property held or registered in the name of another is part of the Trust Fund;
(h) to employ legal counsel, brothers, and other advisors, agents, or employees to perform serv...
Discretionary Powers. The Manager shall exercise all discretionary powers involved in connection with the Management Services subject to the terms hereof, and shall pay all costs and expenses incurred in connection therewith that may be necessary or advisable for the carrying out of the transactions contemplated by this Supply Management Agreement. The Manager may, for its own account, seek the assistance of other parties in carrying out its duties hereunder.
Discretionary Powers. The parties herein agree that the Board of Trustees shall have absolute and sole discretionary power over this organization, its assets and earnings therefrom.
Discretionary Powers. To the greatest extent possible, decisions affecting the educational process at an individual school shall be made at the school level. Where a decision cannot be made at that level, schools should be free to communicate their views and concerns related to that decision to the relevant decision-maker. School Site Councils shall have primary authority to make decisions affecting those matters listed in Section III(B)(2) above.
Discretionary Powers. The Master Manager shall exercise all discretionary powers involved in connection with the Master Management Services, subject to the terms hereof, and shall be required to, except as may otherwise be provided herein, pay at its sole cost and expense all costs and expenses incurred in connection therewith that may be necessary or advisable for the carrying out of the transactions contemplated by this Master Management Agreement. The Master Manager may, for its own account, seek the assistance of other Persons in carrying out any and all of its duties hereunder and may enter into sub-management agreements in connection therewith; provided, that the Master Manager will at all times remain liable for the performance of the Master Management Services provided herein.
Discretionary Powers. The Chief Executive has the discretionary power to grant Leave in excess of the above prescribed limits:
(a) Where a whole-time employee is incapacitated by sickness or injury arising out of and in the course of employment, full salary may be paid at the discretion of the Chief Executive Officer.
(b) Where an employee is suffering from a minor illness which could have a detrimental effect on the client in Spectrum’s care, the Chief Executive Officer may, at their discretion: place the employee on suitable alternative duties direct the employee to take leave on payment at base rates (T1 only) for not more than eight days in any one year, in addition to the normal entitlement to sick leave.
Discretionary Powers. The BOCES 5 Board may:
(a) Hold, convey, lease, rent, and manage property;
(b) Contract for educational and related services with any other agency;
(c) Accept or reject any federal or other gift, grant, bequest or devise;
(d) Discharge any employee;
(e) Employ any personnel needed to perform the services for which the board of cooperative services is formed;
(f) Receive and spend funds and provide for the necessary expenses of the board incurred in the exercise of its powers and performance of its duties; and
(g) Provide insurance under the state employees’ and officials’ group insurance plan pursuant to W.S. 9-3-201(e), for board employees meeting the definition of employee under Wyo. Stat. § 9-3-203(a)(iv), as provided by Wyo. Stat. §§ 9-3-202 through 9-3-218.
Discretionary Powers. The commissioner has the authority to:
(1) review grants management practices and propose policy and procedure improvements to the governor, legislature, executive agencies, and the federal government;
(2) sponsor, support, and facilitate innovative and collaborative grants management projects with public and private organizations;
(3) review, recommend, and implement alternative strategies for grants management;
(4) collect and disseminate information, issue reports relating to grants management, and sponsor and conduct conferences and studies; and
(5) participate in conferences and other appropriate activities related to grants management issues. Subd.
Discretionary Powers. Sections 22 (3) and 22(7) of the Bill contain the type of powers that the Administrative Justice clause in the Constitution is intended to prevent. Discretionary powers that allow for arbitrary decision making by government officials have no place in the laws of a modern democracy. Public Choice theory in economics has demonstrated its validity only too well for anyone to retain the illusion that the subjective judgements of civil servants operate solely in the public interest. Such powers lead to injustice and corruption and should be eliminated from legislation.
