68-221-1305. Appointment of commissioners Members Election of officers Jurisdiction.
(a) (1) The governing body of the authority shall be a board of commissioners appointed by the executive officer of the creating governmental entity and approved by its governing body.
(2) The board of commissioners shall include a person of good standing and reputation.
(b) If there are one (1) or more participating governmental entities, one (1) member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body, giving the board a total membership equal to the number of participating governmental entities.
(c) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, but thereafter each commissioner shall be appointed for a term of five (5) years. If a board has more than five (5) members, each additional member shall be appointed for a term of five (5) years. A commissioner may be reappointed at the end of that commissioner's term.
(d) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
(2) A commissioner's term shall continue until the appointment and qualification of that commissioner's successor.
(3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity that approved the commissioner's appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause.
(e) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure.
(2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business.
(3) Except as expressly otherwise specified in this part, all powers granted in this part to an authority shall be exercised by the board.
(4) Commissioners may receive compensation and shall be reimbursed for necessary expenses incurred in the performance of their official duties.
(5) An authority shall be subject to the jurisdiction of the water and wastewater financing board in accordance with this chapter; provided, however, that the environmental statutes in titles 68 and 69 currently administered by the department of environment and conservation shall apply to the activities of the authority in the same manner as those statutes would apply to the activities of any local government.
68-221-1305. Appointment of commissioners Members Election of officers Jurisdiction.
(a) (1) The governing body of the authority shall be a board of commissioners appointed by the executive officer of the creating governmental entity and approved by its governing body.
(2) The board of commissioners shall include a person of good standing and reputation.
(b) If there are one (1) or more participating governmental entities, one (1) member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body, giving the board a total membership equal to the number of participating governmental entities.
(c) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, but thereafter each commissioner shall be appointed for a term of five (5) years. If a board has more than five (5) members, each additional member shall be appointed for a term of five (5) years. A commissioner may be reappointed at the end of that commissioner's term.
(d) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
(2) A commissioner's term shall continue until the appointment and qualification of that commissioner's successor.
(3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity that approved the commissioner's appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause.
(e) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure.
(2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business.
(3) Except as expressly otherwise specified in this part, all powers granted in this part to an authority shall be exercised by the board.
(4) Commissioners may receive compensation and shall be reimbursed for necessary expenses incurred in the performance of their official duties.
(5) An authority shall be subject to the jurisdiction of the water and wastewater financing board in accordance with this chapter; provided, however, that the environmental statutes in titles 68 and 69 currently administered by the department of environment and conservation shall apply to the activities of the authority in the same manner as those statutes would apply to the activities of any local government.
68-221-1305. Appointment of commissioners Members Election of officers Jurisdiction.
(a) (1) The governing body of the authority shall be a board of commissioners appointed by the executive officer of the creating governmental entity and approved by its governing body.
(2) The board of commissioners shall include a person of good standing and reputation.
(b) If there are one (1) or more participating governmental entities, one (1) member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body, giving the board a total membership equal to the number of participating governmental entities.
(c) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, but thereafter each commissioner shall be appointed for a term of five (5) years. If a board has more than five (5) members, each additional member shall be appointed for a term of five (5) years. A commissioner may be reappointed at the end of that commissioner's term.
(d) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
(2) A commissioner's term shall continue until the appointment and qualification of that commissioner's successor.
(3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity that approved the commissioner's appointment, but only after notice of the cause of the removal is served on the commissioner, and only after the commissioner is granted an opportunity for a public hearing on the cause.
(e) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure.
(2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business.
(3) Except as expressly otherwise specified in this part, all powers granted in this part to an authority shall be exercised by the board.
(4) Commissioners may receive compensation and shall be reimbursed for necessary expenses incurred in the performance of their official duties.
(5) An authority shall be subject to the jurisdiction of the water and wastewater financing board in accordance with this chapter; provided, however, that the environmental statutes in titles 68 and 69 currently administered by the department of environment and conservation shall apply to the activities of the authority in the same manner as those statutes would apply to the activities of any local government.
