§ 162A-67. District board; composition, appointment, terms, oaths and removal of members; organization; meetings; quorum; compensation and expenses of members. - North Carolina Statutes

§ 162A‑67. District board; composition, appointment, terms, oaths and removal of members;organization; meetings; quorum; compensation and expenses of members.

(a)        Appointment of Board for District Lying Wholly or Partlyoutside City or Town Limits. – The district board of a metropolitan seweragedistrict lying in whole or in part outside the corporate limits of a city ortown shall be appointed immediately after the creation of the district in thefollowing manner:

(1)        If the district lies entirely within one county with apopulation of 25,000 or more, the board of commissioners of that county shallappoint to the district board three members who are qualified voters residingwithin the district. The initial members so appointed shall have terms expiringone year, two years and three years, respectively, from the date of adoption ofthe resolution of the Environmental Management Commission creating thedistrict, and the board of commissioners shall designate the length of the termof each initial member. Successor members shall be appointed for a term ofthree years.

(1a)      If the district lies entirely within one county with apopulation of less than 25,000, the board of commissioners of that county shallappoint to the district board five members who are qualified voters residingwithin the district. Of the initial members so appointed, one shall have a termexpiring at the end of one year, two shall have terms expiring at the end oftwo years, and two shall have terms expiring at the end of three years from thedate of adoption of the resolution of the Environmental Management Commissioncreating the district. In making initial appointments, the board ofcommissioners shall specify whether a member is to serve a term of one, two, orthree years. Successor members shall be appointed for a term of three years.

(2)        If the district lies in two counties, the board ofcommissioners of the county in which the largest portion of the district liesshall appoint to the district board two qualified voters residing in the countyand district to serve for terms of one year and three years, respectively. Theboard of commissioners of the county in which the lesser portion of thedistrict lies shall appoint to the district board one qualified voter residingin the county and district to serve for a term of two years. All successormembers shall be appointed for a term of three years.

(3)        If the district lies in three or more counties, the board ofcommissioners of each such county shall appoint one member of the districtboard. Each member so appointed shall be a qualified voter residing in thedistrict and of the county from which he is appointed and shall serve for aterm of three years. Successor members shall be appointed for a term of threeyears.

(4)        The governing body of each political subdivision, other thancounties, lying in whole or in part within the district, shall appoint onemember of the district board. No appointment of a member of the district boardshall be made by or in behalf of any political subdivision of which the boardor boards of commissioners shall be the governing body. If any city or townwithin the district shall have a population, as determined from the latestdecennial census, greater than that of all other political subdivisions (otherthan counties) and unincorporated areas within the district, the governing bodyof any such city or town shall appoint three members. All members and theirsuccessors appointed by the governing bodies of political subdivisions otherthan counties shall serve for a term of three years and shall be qualifiedvoters residing in the district and the political subdivision from which theyare appointed.

(b)        Appointment of Board for District Lying Wholly within Cityor Town Limits. – Any district lying entirely within the corporate limits oftwo or more cities or towns shall be governed by a district board consistingsolely of members appointed by the governing bodies of such cities or townsand, in addition, one member elected by the appointed members of the districtboard. The governing body of each constituent city or town of the districtshall appoint to the district board two qualified voters residing in thedistrict and the city or town. The members so appointed shall elect, bymajority vote, one additional member who shall be a qualified voter residing inthe district and one of the constituent cities or towns.

One of the two members initially appointed by the governing body ofeach constituent city or town shall serve for a term which shall expire 30 daysfollowing the next regular election held for election of the governing body bywhich the member was appointed; and the other member shall serve for a termwhich shall expire two years thereafter. Successor members shall serve for aterm of four years.

The member elected by the district board and his successors in officeshall serve for a term of four years.

(c)        Reappointment; Vacancies; Removal; Term. – Members of adistrict board may be reappointed. If a vacancy shall occur on a districtboard, the governing body which appointed the member who previously filled thevacancy shall appoint a new member who shall serve for the remainder of theunexpired term. Any member of a district board may be removed for cause by thegoverning board that appointed him. All members shall serve until theirsuccessors have been duly appointed and qualified.

(d)        District Board Procedures. – Each member of the districtboard, before entering upon his duties, shall take and subscribe an oath oraffirmation to support the Constitution and laws of the United States and ofthis State and to discharge faithfully the duties of his office; and a recordof each such oath shall be filed with the clerk or clerks of the board orboards of commissioners.

The district board shall elect one of its members as chairman andanother as vice‑chairman and shall appoint a secretary and a treasurerwho may, but need not, be members of the district board. The officers [offices]of secretary and treasurer may be combined. The district board may also appointan assistant secretary and an assistant treasurer or, if the office iscombined, an assistant secretary‑treasurer who may, but need not, bemembers of the district board.  The terms of office of the chairman, vice‑chairman,secretary, treasurer, assistant secretary, and assistant treasurer shall be asprovided in the bylaws of the district board.

The district board shall meet regularly at such places and dates as aredetermined by the board. Special meetings may be called by the chairman on hisown initiative and shall be called by him upon request of two or more membersof the board. All members shall be notified in writing at least 24 hours inadvance of such meeting. A majority of the members of the district board shallconstitute a quorum, and the affirmative vote of a majority of the members ofthe district board present at any meeting thereof shall be necessary for anyaction taken by the district board. No vacancy in the membership of thedistrict board shall impair the right of a quorum to exercise all the rightsand perform all the duties of the district board. Each member, including thechairman, shall be entitled to vote on any question. The members of thedistrict board may receive compensation in an amount to be determined by theboard, but not to exceed that compensation paid to members of OccupationalLicensing Boards as provided in G.S. 93B‑5(a) for each meeting of theboard attended and for attendance at each regularly scheduled committee meetingof the board. The members of the district board may also be reimbursed theamount of actual expenses incurred by them in the performance of their duties. (1961, c. 795, s. 4; 1963, c. 471; 1973, c. 512, s. 2;c. 822, s. 4; c. 1262, s. 23; 1979, c. 471; 1983, c. 333, s. 2; 1991, c. 351,s. 1; 1995, c. 511, s. 2.1.)