§ 6.25-3. Composition of board.

(1)

The district shall be governed by a board of commissioners, hereinafter referred to as the "board," consisting of five (5) members appointed by the mayor of the Town of Berwick and confirmed by the town council.

(2)

Each member appointed to the board shall be a citizen of the United States, a domiciliary of and a qualified voter in the Town of Berwick for at least one year preceding the date of appointment, and shall remain a domiciliary of and a qualified voter in the Town of Berwick during the entirety of the term of office.

(3)

The term of office of members of the board shall be four (4) years. All initial appointees shall serve four-year terms.

(4)

Any member who misses fifty (50) per cent of the board's meetings, regular or special, in any calendar year shall be disqualified and removed automatically from office; and that person's position shall be vacant, as of the first day of the next calendar month. Such vacated position shall be filled by appointment of the mayor and confirmed by the town council for the balance of the vacated term. The former member shall not be eligible for reappointment until expiration of the balance of the vacated term.

(5)

Any vacancy in the membership of the board occurring by reason of the expiration of the term of office, death, resignation, disqualification, or otherwise, shall be filled by appointment of the mayor and confirmed by the town council sixty (60) days after receipt of written notification of the vacancy. In the event that the mayor and council fail to fill the vacancy within sixty (60) days after receipt of written notification of the vacancy, the board shall appoint an interim successor to serve on the board until the position is filled by mayor and council.

(6)

Members of the board shall serve without compensation, shall have the power to organize and reorganize the executive, administrative, clerical and other departments and forces of the district, and to fix the duties, powers, and compensation of all employees, agents, and consultants of the district. The board may reimburse any member for expenses actually incurred with the authorization of the board in the performance of duties on behalf of the district.

(7)

The board shall elect yearly from its members, a chairman, vice-chairman, secretary and treasurer and shall establish their duties as may be regulated by rules adopted by the board. The offices of secretary and treasurer may be held by the same person. The board shall meet in regular session once every other month beginning with January and ending in November, and also shall meet in special session as convened by the chairman, or upon written notice of three (3) members. A majority of the commission members, not including vacancies, shall constitute a quorum. All actions of the board shall be approved by the affirmative vote of a majority of the members present and voting. However, no action of the board shall be authorized on the following matters unless approved by a majority of the total board membership:

a.

Adoption of by-laws, and other rules and regulations for conduct of the district's business;

b.

Hiring or firing of the district's administrator;

c.

The incurring of funded, general, or bonded debt;

d.

Levy of taxes, and call for any tax or other election;

e.

Adoption or amendment of the annual budget; and

f.

Sale, lease, or alienation of real property or improvements.

(8)

Vote by proxy shall not be permitted. Any member may request a recorded vote on any resolution or action of the district.

(9)

The board shall cause minutes and a record to be kept of all its proceedings, and it shall select a newspaper of general circulation within its territorial jurisdiction as its official journal in which it shall publish its minutes, and in which it shall publish all official notices as are required by law.

(10)

All meetings of the board shall be subject to state laws relative to open meetings including R.S. 42:5.

(Ord. No. 418, § 1(c), 4-12-96; Ord. No. 460, 7-13-99)