§ 77-5-721. Board of commissioners of joint agency; officers; quorum; voting; expenses.
The joint agency shall consist of a board of commissioners appointed by the respective utility commissions of the municipalities which are members of the joint agency. Each municipality shall appoint one (1) commissioner who may, at the discretion of the municipality, be an officer or employee of the municipality, the appointment to be made by resolution. Each commissioner shall have not less than one (1) vote and may have in addition thereto such additional votes as the utility commissions of a majority of the municipalities which are members of the joint agency shall determine. After any initial determination of the number of additional votes which the commissioners may have has been made, such additional votes shall not thereafter be changed except by unanimous consent of the municipalities which are members of the joint agency. Each commissioner shall serve at the pleasure of the utility commission by which he was appointed. Each appointed commissioner before entering upon his duties shall enter into bond with a corporate surety in an amount not less than ten thousand dollars ($10,000.00), conditioned on the faithful performance of his duties, and shall take and subscribe to an oath before some person authorized by law to administer oaths to execute the duties of his office faithfully and impartially, and such bond and oath shall be filed with the governing authority of the appointing municipality and spread upon its minutes. The premiums on such bonds shall be paid by the joint agency.
The board of commissioners of the joint agency shall annually elect one (1) of the commissioners as chairman, another as vice chairman, and another person or persons, who may but need not be commissioners, as treasurer, secretary, and if desired, assistant secretary. The treasurer shall enter into bond with a corporate surety in such amount of not less than twenty-five thousand dollars ($25,000.00), as may be determined by the commissioners. The office of treasurer may be held by the secretary or assistant secretary. The board of commissioners may also appoint such additional officers as it deems necessary. The secretary or assistant secretary of the joint agency shall keep a record of the proceedings of the joint agency, and the secretary shall be the custodian of all records, books, documents and papers filed with the joint agency, the minute book or journal of the joint agency and its official seal. Either the secretary or the assistant secretary of the joint agency may cause copies to be made of all minutes and other records and documents of the joint agency and may give certificates under the official seal of the joint agency to the effect that such copies are true copies, and all persons dealing with the joint agency may rely upon such certificates.
A majority of the commissioners of a joint agency then in office shall constitute a quorum. A vacancy in the board of commissioners of the joint agency shall not impair the right of a quorum to exercise all the rights and perform all the duties of the joint agency. Any action taken by the joint agency under the provisions of this article may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted. A majority of the votes which the commissioners present are entitled to cast shall be necessary and sufficient to take any action or to pass any resolution, provided that such commissioners present are entitled to cast a majority of the votes of all commissioners of the board.
No commissioner of a joint agency shall receive any compensation for the performance of his duties hereunder, provided, however, that each commissioner may be paid his necessary expenses incurred while engaged in the performance of such duties.
Sources: Laws, 1978, ch. 363, § 9(3) to (6), eff from and after passage (approved March 14, 1978).
§ 77-5-721. Board of commissioners of joint agency; officers; quorum; voting; expenses.
The joint agency shall consist of a board of commissioners appointed by the respective utility commissions of the municipalities which are members of the joint agency. Each municipality shall appoint one (1) commissioner who may, at the discretion of the municipality, be an officer or employee of the municipality, the appointment to be made by resolution. Each commissioner shall have not less than one (1) vote and may have in addition thereto such additional votes as the utility commissions of a majority of the municipalities which are members of the joint agency shall determine. After any initial determination of the number of additional votes which the commissioners may have has been made, such additional votes shall not thereafter be changed except by unanimous consent of the municipalities which are members of the joint agency. Each commissioner shall serve at the pleasure of the utility commission by which he was appointed. Each appointed commissioner before entering upon his duties shall enter into bond with a corporate surety in an amount not less than ten thousand dollars ($10,000.00), conditioned on the faithful performance of his duties, and shall take and subscribe to an oath before some person authorized by law to administer oaths to execute the duties of his office faithfully and impartially, and such bond and oath shall be filed with the governing authority of the appointing municipality and spread upon its minutes. The premiums on such bonds shall be paid by the joint agency.
The board of commissioners of the joint agency shall annually elect one (1) of the commissioners as chairman, another as vice chairman, and another person or persons, who may but need not be commissioners, as treasurer, secretary, and if desired, assistant secretary. The treasurer shall enter into bond with a corporate surety in such amount of not less than twenty-five thousand dollars ($25,000.00), as may be determined by the commissioners. The office of treasurer may be held by the secretary or assistant secretary. The board of commissioners may also appoint such additional officers as it deems necessary. The secretary or assistant secretary of the joint agency shall keep a record of the proceedings of the joint agency, and the secretary shall be the custodian of all records, books, documents and papers filed with the joint agency, the minute book or journal of the joint agency and its official seal. Either the secretary or the assistant secretary of the joint agency may cause copies to be made of all minutes and other records and documents of the joint agency and may give certificates under the official seal of the joint agency to the effect that such copies are true copies, and all persons dealing with the joint agency may rely upon such certificates.
A majority of the commissioners of a joint agency then in office shall constitute a quorum. A vacancy in the board of commissioners of the joint agency shall not impair the right of a quorum to exercise all the rights and perform all the duties of the joint agency. Any action taken by the joint agency under the provisions of this article may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted. A majority of the votes which the commissioners present are entitled to cast shall be necessary and sufficient to take any action or to pass any resolution, provided that such commissioners present are entitled to cast a majority of the votes of all commissioners of the board.
No commissioner of a joint agency shall receive any compensation for the performance of his duties hereunder, provided, however, that each commissioner may be paid his necessary expenses incurred while engaged in the performance of such duties.
Sources: Laws, 1978, ch. 363, § 9(3) to (6), eff from and after passage (approved March 14, 1978).
§ 77-5-721. Board of commissioners of joint agency; officers; quorum; voting; expenses.
The joint agency shall consist of a board of commissioners appointed by the respective utility commissions of the municipalities which are members of the joint agency. Each municipality shall appoint one (1) commissioner who may, at the discretion of the municipality, be an officer or employee of the municipality, the appointment to be made by resolution. Each commissioner shall have not less than one (1) vote and may have in addition thereto such additional votes as the utility commissions of a majority of the municipalities which are members of the joint agency shall determine. After any initial determination of the number of additional votes which the commissioners may have has been made, such additional votes shall not thereafter be changed except by unanimous consent of the municipalities which are members of the joint agency. Each commissioner shall serve at the pleasure of the utility commission by which he was appointed. Each appointed commissioner before entering upon his duties shall enter into bond with a corporate surety in an amount not less than ten thousand dollars ($10,000.00), conditioned on the faithful performance of his duties, and shall take and subscribe to an oath before some person authorized by law to administer oaths to execute the duties of his office faithfully and impartially, and such bond and oath shall be filed with the governing authority of the appointing municipality and spread upon its minutes. The premiums on such bonds shall be paid by the joint agency.
The board of commissioners of the joint agency shall annually elect one (1) of the commissioners as chairman, another as vice chairman, and another person or persons, who may but need not be commissioners, as treasurer, secretary, and if desired, assistant secretary. The treasurer shall enter into bond with a corporate surety in such amount of not less than twenty-five thousand dollars ($25,000.00), as may be determined by the commissioners. The office of treasurer may be held by the secretary or assistant secretary. The board of commissioners may also appoint such additional officers as it deems necessary. The secretary or assistant secretary of the joint agency shall keep a record of the proceedings of the joint agency, and the secretary shall be the custodian of all records, books, documents and papers filed with the joint agency, the minute book or journal of the joint agency and its official seal. Either the secretary or the assistant secretary of the joint agency may cause copies to be made of all minutes and other records and documents of the joint agency and may give certificates under the official seal of the joint agency to the effect that such copies are true copies, and all persons dealing with the joint agency may rely upon such certificates.
A majority of the commissioners of a joint agency then in office shall constitute a quorum. A vacancy in the board of commissioners of the joint agency shall not impair the right of a quorum to exercise all the rights and perform all the duties of the joint agency. Any action taken by the joint agency under the provisions of this article may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted. A majority of the votes which the commissioners present are entitled to cast shall be necessary and sufficient to take any action or to pass any resolution, provided that such commissioners present are entitled to cast a majority of the votes of all commissioners of the board.
No commissioner of a joint agency shall receive any compensation for the performance of his duties hereunder, provided, however, that each commissioner may be paid his necessary expenses incurred while engaged in the performance of such duties.
Sources: Laws, 1978, ch. 363, § 9(3) to (6), eff from and after passage (approved March 14, 1978).
