water district legal help

[JHH]

Found this.
Board member must live in his district--vacancies, how filled.


190.052. Any member of the board of directors who moves residency from the district from which the member was elected shall be disqualified as a member of the board. If one or two vacancies occur in the membership of the board as a result of death, resignation, or disqualification, the remaining members shall appoint one or two qualified persons, as provided in section 190.050, to fill the vacancies until the end of the unexpired term. Such appointment shall be made with the consent of a majority of the remaining members of the board. If the board is unable to agree in filling a vacancy within sixty days or if there are more than two vacancies at any one time, the county commission, upon notice from the board of failure to agree in filling the vacancies, shall within ten days fill them by appointment of qualified persons, as provided in section 190.050, and shall notify the persons in writing of their appointment. The persons appointed shall serve for the unexpired term.


(L. 1977 H.B. 278, A.L. 1986 H.B. 898, et al., A.L. 2007 S.B. 22)

The way I read this if one of our board members moves out of the district he cant be a member.

 

[JHH]

247.060. 1. The management of the business and affairs of the district is hereby vested in a board of directors, who shall have all the powers conferred upon the district except as herein otherwise provided. It shall be composed of five members, each of whom shall be a voter of the district and shall have resided in said district one whole year immediately prior to his or her election. A member shall be at least twenty-five years of age and shall not be delinquent in the payment of taxes at the time of his election. Except as provided in subsection 2 of this section, the term of office of a member of the board shall be three years. The remaining members of the board shall appoint a qualified person to fill any vacancy on the board. If no qualified person who lives in the subdistrict for which there is a vacancy is willing to serve on the board, the board may appoint an otherwise qualified person who lives in the district but not in the subdistrict in which the vacancy exists to fill such vacancy.

I think the other one was for emergency services. Not really sure .

 

[cowboy43]

I am on the Soil Conservation Board , the County is divided into 4 districts and a member is elected from each district , he has to live in that district.
I believe it is the same for the water district in the County.

 

[JHH]

I am on the Soil Conservation Board , the County is divided into 4 districts and a member is elected from each district , he has to live in that district.
I believe it is the same for the water district in the County.

Its same here. We just have a corrupt board who has been hand picked and only two of us have been elected. I broke up the good ole boys club LOL. Well now they have appointed one member which I told them they couldn't do. They just do what they want.

 

[john250]

I cannot offer legal advice, other than to say going to court is absolutely the worst solution.
You have to be a member to be a director. Generally, when you move away, you are selling your membership. Are circumstances different here?

 

[JHH]

I cannot offer legal advice, other than to say going to court is absolutely the worst solution.
You have to be a member to be a director. Generally, when you move away, you are selling your membership. Are circumstances different here?

Yea, its a good ole boys club and the one person lives out of the district ( in a nursing home assisted living home) they just appointed him . They do what they want. I am the only person since 1982 that has been elected. I ran for the position on a ballot got voted in. One other person tried that in 82 and they were beat by the appointed person. To top it off they have an employee who is about to retire and come to find out his water license has been expired. The other 4 board members think its fine. I think if I have to have a drivers license then he should have to have a water license.

None of them have ever been appointed by a circuit clerk or judge.

 

[john250]

What are the bylaws? Get some friends and show up at the next election. problem solved.