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74.020
Appointment of commissioners -- Number -- Terms -- Removal -Vacancies -- Organization -- Bond -- Compensation -- Mandatory training
-- Notice of vacancy.
(1)
(2)
(3)
A water district shall be administered by a board of commissioners which shall
control and manage the affairs of the district. The term of each commissioner is
four (4) years, except as provided in this section:
(a) If a district lies wholly within a single county, or operates as a
single-county district, as provided in paragraph (c) of this subsection, the
board of commissioners shall be composed of either three (3) or five (5)
members as the county judge/executive shall determine. Members of the
board shall be residents of the district, or of any incorporated or
unincorporated area served by the district in the county in which the
district was originally established, who shall be appointed by the county
judge/executive with the approval of the fiscal court. Initial appointments
shall be for terms of two (2), three (3), and four (4) years, as designated
by the court.
(b) Except as provided in paragraph (c) of this subsection, if a district formed
in a single county extends its area to include territory in one (1) or more
adjacent counties, as provided by KRS 74.115, the board of
commissioners shall be appointed by the appropriate county
judges/executive, with the approval of the respective fiscal courts of the
concerned counties as follows: in two (2) county districts, three (3)
members from the original district and two (2) members from the
extended portion of the district; for extensions into three (3) or more
counties, the respective county judges/executive, with the approval of the
respective fiscal courts, shall appoint, in addition to the existing
membership of the commission, two (2) members from the original
one-county district and two (2) members from the newly extended portion
of the district. Orders establishing the extension shall provide for the
staggering of initial terms in an equitable manner.
(c) If a district acquires an existing water or gas distribution system serving
an area which extends beyond the boundaries of the district into one (1)
or more additional counties, or if a district extends its area to include
territory in one (1) or more adjacent counties as provided by KRS 74.115,
it may operate the distribution system so acquired, or extended, without
adding additional board members, if the new area to be served shall be
deemed to be a minor portion of the total area served by the district, and if
the fiscal court of the county containing the minor portion of the total area
shall have agreed to the acquisition or to the extension of the distribution
system. If less than twenty-five percent (25%) of the total assets of the
distribution system are located within any particular county included in the
territorial boundaries of the district, it shall be conclusively presumed, with
respect to that particular county, that the district comes within the terms of
this subsection.
A commissioner may be removed from office as provided by KRS 65.007 or
74.025.
A commissioner who participates in any official action by the water district
(4)
(5)
(6)
(7)
board of commissioners which results in a direct financial benefit to him may be
removed from office as provided by KRS 65.007 or 74.025.
Vacancies shall be filled by the same appointing authority which is empowered
to make the original appointment. Vacancies resulting from cause other than
expiration of the term shall be filled for the unexpired term only.
Notwithstanding KRS 67.710, a vacancy resulting from the expiration of a term
or the death, resignation, or removal of the incumbent shall be filled by the
Public Service Commission if, within ninety (90) days following the vacancy, the
vacancy has not been filled by the appropriate county judge/executive with
approval of the fiscal court.
The commission shall elect a chairman, vice chairman, secretary, treasurer,
and any other officers and assistant officers as the commission may deem
necessary, each of whom shall be members of the commission. Any two (2) or
more offices may be held by the same person, except that the chairman may
not hold any other office. Each commissioner shall execute a bond for the
faithful performance of the duties of his position.
Each commissioner shall receive an annual salary of not more than thirty-six
hundred dollars ($3,600), which shall be paid out of the water district fund,
except that beginning January 1, 1999, each commissioner who completes
during an educational year a minimum of six (6) instructional hours of water
district management training approved by the Public Service Commission may
receive an annual salary of not more than six thousand dollars ($6,000) to be
paid out of the water district fund. An educational year shall begin on January 1
and end on the following December 31. In the case of single-county districts,
which shall be deemed to include districts described in paragraph (c) of
subsection (1) of this section, the salary shall be fixed by the county
judges/executive with the approval of the fiscal court; in multicounty districts, it
shall be fixed by the agreement between the county judges/executive with the
approval of their fiscal courts. In fixing and approving the salary of the
commissioners, the county judge/executive and the fiscal court shall take into
consideration the financial condition of the district and its ability to meet its
obligations as they mature.
(a) In order to receive an increase in salary as specified in subsection (6) of
this section, commissioners shall successfully complete six (6)
instructional hours of water district management training annually. The
training shall be approved and paid for by the water district of the county
the commissioner represents. Those commissioners not required to
complete the six (6) instructional hours shall be reimbursed for the cost of
instruction if they choose to complete the water district training.
(b) The Public Service Commission shall be responsible for the regulation of
all water district management training programs for commissioners of
water districts, combined water, gas, or sewer districts, or water
commissions.
(c) The Public Service Commission shall encourage and promote the offering
of high quality water district management training programs that enhance
a water district commissioner's understanding of his or her responsibilities
and duties. The commission shall, no later than January 1, 1999,
establish standards and procedures to evaluate, accredit, and approve
water district management training programs.
(8) (a) At least once annually, the Public Service Commission shall provide or
cause to be conducted a program of instruction, consisting of at least
twelve (12) hours of instruction, that is intended to train newly appointed
commissioners in the laws governing the management and operation of
water districts and other subjects that the Public Service Commission
deems appropriate. The commission may charge a reasonable
registration fee to recover the cost of the programs and may accredit
programs of instruction that are conducted by other persons or entities
and that the commission deems equivalent to its program of instruction.
(b) Within twelve (12) months of his or her initial appointment, each
commissioner shall complete the program of instruction described in
paragraph (a) of this subsection. Any commissioner who fails to complete
the program within twelve (12) months of his or her initial appointment
shall forfeit his or her office and all right to act in discharge of the duties of
the office. A commissioner required to attend a program under this
subsection shall be reimbursed for the cost of instruction by his or her
water district.
(9) (a) Within thirty (30) days of the occurrence of a vacancy on its board of
commissioners resulting from the expiration of a term or the death,
resignation, or removal of the incumbent, a water district shall notify in
writing the Public Service Commission of the existence of the vacancy.
The notice shall include the name of the commissioner who last held the
position and the date on which the unexpired term will end.
(b) Within thirty (30) days of the appointment of a commissioner and the
appropriate fiscal court's approval of that appointment, a water district
shall notify the Public Service Commission of the appointment. The notice
shall include the appointed person's name and the date of the expiration
of his or her term.
(10) The Public Service Commission may promulgate administrative regulations in
accordance with KRS Chapter 13A to implement the requirements of this
section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 18, sec. 1, effective July 15, 2010. -Amended 2008 Ky. Acts ch. 6, sec. 3, effective July 15, 2008. -- Amended 1998
Ky. Acts ch. 76, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch.
236, sec. 1, effective April 4, 1996. -- Amended 1994 Ky. Acts ch. 298, sec. 1,
effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 310, sec. 1, effective July
14, 1992; and ch. 388, sec. 3, effective July 14, 1992. -Amended 1984 Ky. Acts
ch. 307, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 330, sec.
9, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 18, sec. 4, effective
July 15, 1980. -- Amended 1978 Ky. Acts ch. 384, sec. 181, effective June 17,
1978. -- Amended 1976 Ky. Acts ch. 257, sec. 1. -- Amended 1974 Ky. Acts ch.
309, sec. 1. -- Amended 1970 Ky. Acts ch. 218, sec. 1. -- Amended 1966 Ky.
Acts ch. 170, sec. 1; and ch. 255, sec. 88. -- Amended 1962 Ky. Acts ch. 218,
sec. 1. -- Amended 1958 Ky. Acts ch. 174, sec. 1. -- Amended 1952 Ky. Acts ch.
12, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. secs. 928g-2, 938g-4.
Legislative Research Commission Note (6/5/2014). The Reviser of Statutes
renumbered KRS 74.455 and KRS 74.025 on this date to provide a more
appropriate location for that statute within KRS Chapter 74. A reference to KRS
74.455 in this statute was also changed to KRS 74.025 to conform.
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