12-3914.   Same; governing body of consolidateddistricts, appointment of.(a) Except as provided by subsection (b), upon the consolidationof any such areas the board of countycommissioners shall appoint a governing body composed of at least three and notmore than seven members who shall represent as nearly as possible, thegeographical areas in the consolidated area. In the event that the areasconsolidated were, prior to consolidation, governed by more than one politicalor taxing subdivision as defined in K.S.A. 12-3902, and amendments thereto,then the number ofmembers on the governing board from each subdivision shallbe determined on thebasis of population, but each subdivision representedshall have at least oneappointment to the board. In the alternative, the members of the governingboard may be selected by agreement among all the subdivision whose areas areconsolidated. Unless otherwise agreed by the political or taxing subdivisionsconsolidating, the members of the governing board shall beappointed as follows: Two members for a term of one year; two members for aterm of two years; and three members for a term of three years. Thereafter,all members shall be appointed for a term of three years. All vacancies on thegoverning board shall be filled by appointment for the remainder of theunexpired term. Within 30 days after the governing body is appointed andannually thereafter, the governing body shall meet and organize by electionfrom its membership a chairperson, vice-chairperson and treasurer. Thetreasurer shall give a corporate surety bond, conditioned for the faithfulperformance of duty and accounting for all moneysreceived thereby. Such bond shall be approved and be in the amount fixed bythe governing body. The treasurer also shall serve as secretary to the board.

      (b)   The board or boards of county commissioners may serve as the governingbody of any consolidated fire district formed by thejoinder of two or more county fire districts or may place the supervisionof said consolidated fire district under a fire districtboard of trustees. Theboard or boards of county commissioners may appoint a board of not less thanthree members and not more than nine members, composed of persons other thanmembers of the board or boards of county commissioners, who shall serve at thepleasure of the board or boards of county commissioners. The fire districtboard of trustees, if appointed, may employ a supervisor and such other personsas may benecessary to properly operate and manage such consolidated fire district.

      (c)   Notwithstanding the provisions of paragraphs (a) and (b)above, any consolidation of the De Soto, Kansas firedepartment with Johnson county fire district no. 3 shall have agoverning body of five members appointed as follows: Twomembers appointed by the governing body of the city of De Soto; two membersappointed by the board of countycommissioners of Johnson county; one member appointedalternately by the city of De Soto and by the board of countycommissioners of Johnson county, provided that the initialappointment of said fifth member shall be made by the boardof county commissioners of Johnson county. No more thantwo governing body members shall be elected or appointedofficials of the city of De Soto, Kansas and no more than two governing bodymembers may be elected or appointed officialsof the current fire district no. 3 or of Johnson county government.

      (d)   Governing body members appointed under theprocedure set out in subsection (c) above shall serve three yearterms, with the initial terms staggered as follows: One memberappointed by the city of De Soto, Kansas shall serve an initialterm of one year and the other city appointment shall serve aninitial term of two years; one member appointed by the boardof county commissioners shall serve an initial term of one yearand the other county appointment shall serve an initial term oftwo years; the fifth member shall serve an initial term of three years.

      History:   L. 1996, ch. 226, § 5;L. 2008, ch. 163, § 18; July 1.