65-25-208 - Election of directors by districts. - Tennessee Statutes

65-25-208. Election of directors by districts.

(a)  (1)  Notwithstanding any other provision of this part, the bylaws may provide that the territory in which a cooperative furnishes service shall be divided into two (2) or more directorate districts for the purpose of:

          (A)  Having nominated therefrom, at and by district meetings of the members thereof or by any other manner provided for in the bylaws, candidates for directors to be voted upon by the cooperative's members at-large; or

          (B)  Both nominating and electing directors therefrom at and by district meetings of the members.

     (2)  The composition of such districts shall have an equitable regard for the number of members served therein, other communities of interest and boundaries that are readily ascertainable. District descriptions need not be contained in the bylaws proper but may be incorporated therein by reference to maps, drawings or other descriptions which, at a cooperative's offices, are accessible to the members for inspection at all reasonable times. To be eligible for election and to serve as a district director, a person must be a member of the cooperative, must reside therein, must receive service from the cooperative, and, in the case of a cooperative having the primary purpose, must receive from the cooperative electric service therein at such person's primary residential abode. In addition to district directors, the bylaws may provide for one (1) or more directors at-large to be nominated in such manner as provided in the bylaws and to be voted upon by the members at-large.

(b)  (1)  Except as to the minimum and maximum periods prior to a member meeting within which a district meeting shall be held and the notice and quorum requirements therefor, all of which shall be provided for in the bylaws, the board shall fix the date, time and place within a district for holding, and shall adopt the plans, procedures and manner for conducting, directorate district meetings.

     (2)  (A)  Except as provided in subdivision (b)(2)(B), the bylaws may provide that members may vote for the election of district directors by mail ballot at a directorate district meeting; provided, that the bylaws shall contain a description of the voting procedure, which procedure shall be designed to ensure the integrity of such district director election.

          (B)  In any electric cooperative organized pursuant to this chapter, that, as reported in the June 30, 1998, TVA 4171 report, served between forty thousand eight hundred (40,800) and forty thousand nine hundred (40,900) customers, and had in service between four thousand fifteen (4,015) and four thousand twenty-five (4,025) miles of power line, no member may vote by mail ballot at a directorate district meeting.

[Acts 1988, ch. 689, § 2; 2000, ch. 746, § 1.]