2005 Idaho Code - 22-2721 — ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPERVISORS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 27
                         SOIL CONSERVATION DISTRICTS
    22-2721.  ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPERVISORS.
The governing body of the district shall consist of five (5) supervisors,
elected or appointed as provided in this chapter. Elections shall be conducted
pursuant to the provisions of this section and the uniform district election
law, chapter 14, title 34, Idaho Code. If at any time the supervisors of a
district deem it necessary, they may request permission from the state soil
conservation commission to increase the number of supervisors to seven (7).
Upon receipt of such a request in writing, signed by all five (5) supervisors,
stating a valid reason for such need, the commission shall grant permission.
The additional supervisors shall then be appointed as outlined in subparagraph
C. of this section until such time as regular district elections for two (2)
supervisors in each district. At that time those districts having seven (7)
supervisors shall then elect four  (4) supervisors for four (4) year terms.
The two (2) supervisors appointed by the commission shall be persons who are
by training and experience qualified to perform the specialized services which
will be required of them in the performance of their duties. All supervisors
shall be landowners or farmers of the district where they are elected or
appointed.
    A.  Within thirty (30) days after the date of issuance by the secretary of
state of a certificate of organization of a soil conservation district,
nominating petitions may be filed with the state soil conservation commission
to nominate candidates for supervisors of each district. The soil conservation
commission, unless it has contracted with the county clerk to conduct the
election, shall designate an individual to act as the election official. If
contracted to do so, the county clerk shall act as the election official. The
election official shall have authority to extend the time within which
nominating petitions may be filed. No such nominating petition shall be
accepted by the election official unless it shall be subscribed by not less
than five (5) persons who are qualified electors owning land or residing
within the boundaries of the district. The election official shall give due
notice of an election to be held, subject to the provisions of section 34-106,
Idaho Code, for the election of three (3) supervisors for the district. The
names of all nominees on behalf of whom such nominating petitions have been
filed within the time herein designated, shall appear arranged in the
alphabetical order of the surnames, upon ballots, with a square before each
name and directions to insert a mark in the square before any three (3) names
to indicate the voter's preference. The three (3) candidates who shall receive
the largest number, respectively, of the votes cast in such election shall be
the elected supervisors for such district. The commission shall pay all the
expenses of such election, which shall be supervised and conducted by the
election official.
    B.  All elections in districts, excluding the first election as provided
in subparagraph A. of this section, shall be conducted by the district
supervisors of the districts involved who shall designate an individual to be
the election official, or the county clerk if contracted for that purpose.
Such election shall be held on the first Tuesday succeeding the first Monday
of November in each even-numbered year. Such elections shall be in compliance
with the provisions of chapter 14, title 34, Idaho Code, and shall be
supervised and conducted by the election official. The cost of conducting such
elections shall be borne by the district involved. The election official shall
certify to the state soil conservation commission the names of the elected
supervisors. The state soil conservation commission shall issue certificates
of election to each elected supervisor so certified. The state soil
conservation commission may authorize each district to contract with the
county clerk or county clerks of the county or counties in which the district
is located to conduct the election for the soil conservation district. If a
district election is conducted by a county clerk, the county clerk must
provide a ballot for the district election, and must provide a process that
allows only qualified electors of the district to vote in that district's
election.
    In any election for supervisor, if after the deadline for filing a
declaration of intent as a write-in candidate, it appears that the number of
qualified candidates who have been nominated is equal to the number of
supervisors to be elected, it shall not be necessary for the candidates to
stand for election, and the board of supervisors shall declare such candidates
elected as supervisors, and the state soil conservation commission shall
immediately make and deliver to such persons certificates of election.
    C.  In any election for supervisors of a soil conservation district, if
after the expiration of the date for filing written nominations it appears
that only one (1) qualified candidate has been nominated for each position to
be filled and  no declaration of intent has  been filed by a write-in
candidate as provided in subparagraph D. of this section, it shall not be
necessary to hold an election, and the election official shall, no later than
seven (7) days before the scheduled date of the election, declare such
candidate elected as supervisor, and the state soil conservation commission
shall immediately make and deliver to such person a certificate of election.
    D.  No write-in vote for supervisor shall be counted unless a declaration
of intent has been filed with the election official indicating that the person
making the declaration desires the office and is legally qualified to assume
the duties of supervisor if elected as a write-in candidate. The declaration
of intent shall be filed not later than twenty-five (25) days before the day
of election.
    E.  The supervisors shall designate a chairman and may, from time to time,
change such designation. The term of office of each supervisor shall be four
(4) years commencing on the first day of January next following election,
except that the two (2) supervisors who are first appointed shall be
designated to serve for terms of two (2) years. A supervisor shall hold office
until a qualified successor has been elected or appointed. Vacancies shall be
filled for the unexpired term. The selection of successors to fill an
unexpired term, or for a full term shall be made by a vote of the majority of
the supervisors duly qualified and acting at the time the vacancy shall arise
and the supervisors shall certify the name of the appointed supervisor to the
state soil conservation commission who shall issue a certificate of such
appointment.
    F.  A majority of the supervisors shall constitute a quorum and the
concurrence of a majority in any matter within their duties shall be required
for its determination. A supervisor shall be entitled to expenses, including
travel expense, necessarily incurred in the discharge of duties. A supervisor
shall receive no compensation for services from regular district funds, county
funds authorized in section 22-2726, Idaho Code, or state funds authorized in
section 22-2727, Idaho Code.
    In the event the district has a special project, approved by the state
soil conservation commission, making project funds available from federal or
other sources, a supervisor may receive compensation not to exceed thirty-five
dollars ($35.00) per day plus actual and necessary expenses from project funds
for services directly related to the project.
    The supervisors may employ a secretary, technical experts, and such other
officers, agents, and employees, permanent and temporary as they may require,
and shall determine their qualifications, duties and compensation. The
supervisors may call upon the attorney general of the state for such legal
services as they may require or may employ their own counsel and legal staff.
The supervisors may delegate to their chairman, to one (1) or more
supervisors, or to one (1) or more agents, or employees, such powers and
duties as they may deem proper. The supervisors shall furnish to the state
soil conservation commission, upon request, copies of such ordinances, rules,
orders, contracts, forms and other documents as they shall adopt or employ,
and such other information concerning their activities as it may require in
the performance of its duties under this chapter.
    The supervisors shall provide for the execution of surety bonds for all
employees and officers who shall be entrusted with funds or property; they
shall provide for the keeping of a full and accurate record of all proceedings
and of all resolutions, and orders issued or adopted; and shall provide for an
annual audit of the accounts of receipts and disbursements. Any supervisor may
be removed by the state soil conservation commission upon notice and hearing,
for neglect of duty or malfeasance in office, but for no other reason.
    The supervisors may invite the legislative body of a municipality or
county  located near the territory comprised within the district to designate
a representative to advise and consult with the supervisors of the district on
all questions of program and policy which may affect the property, water
supply, or other interests of such municipality or county.