TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 31

FLOOD CONTROL DISTRICTS

42-3111.   board of commissioners — annual appointment — qualification — oath — bond — officers’ election — duties — term of office — removal. (1) Annually after the director’s order organizing the district and appointing the initial members of the district board of commissioners, the board shall appoint or reappoint the commissioner or commissioners to succeed those whose terms of office are expiring and shall notify the director of such appointments. The director may make such appointments if the board fails to do so. Appointments shall be for three (3) years, provided that each division of the district shall be represented by one (1) commissioner. Each commissioner appointed pursuant to this section:

(a)  Shall be a qualified elector of the district pursuant to section 42-3118, Idaho Code, and a resident of the division he represents, except that, in the event the board is unable to appoint a resident of the division, the board may appoint a person at-large who is a qualified elector of the district; and

(b)  Shall qualify by taking the oath and filing a bond that meets the requirements of section 42-3109, Idaho Code, with either the clerk of the district court of the county in which the office of the district is located or with the secretary of the board.

(2)  Upon the initial organization and annually thereafter on the same date, the board shall organize, by the election of one (1) of their number as chairman and one (1) of their number as vice chairman. They shall elect or appoint a secretary, who may, or may not, be a member of the board. They shall elect or appoint a treasurer, who may, or may not, be a member of the board.

(3)  The chairman shall preside at all meetings, sign all claims, except his own, which shall be signed by the vice chairman, sign all warrants in payment of claims, after the submission of such claims and thus approved by the board, and such other duties as shall be required of him by law or prescribed by the board.

(4)  The vice chairman, in the absence of the chairman, shall have the same powers and duties as the chairman.

(5)  The secretary of the board shall have the duties as are prescribed by the board. He shall attend all meetings of the board, shall keep a record of the proceedings, and shall enter in said record all matters required by law or by the board so to be entered; and said record shall be open to inspection by any person at all reasonable times. In the absence of the secretary the board shall appoint some person, who, as acting secretary, shall keep the record of the proceedings of the board and certify the same to the secretary, and the board. Whenever in the discretion of the board it is deemed advisable to do so, the secretary may be placed under surety (fidelity) bond, in the manner and in the amount which shall be prescribed by the board.

(6)  The treasurer appointed, or elected, by the board shall have such duties as the board may prescribe. He shall be placed under a surety (fidelity) bond issued by a surety company authorized to do business in the state, in such an amount as the board from time to time may determine. The treasurer shall keep a complete and accurate record of all of the financial affairs of the district and shall deposit all moneys of the district in the designated depository ordered by the board and shall comply with the public depository law as now appearing or as it may be amended.

(7)  Commissioners shall hold office until they vacate their office through death, resignation, failure to meet the qualification requirements of this section, or removal by the director or until their successors are duly appointed and qualified as provided in this chapter.

(8)  The director may remove a commissioner for neglect of duty, misconduct or malfeasance, or inability to perform the duties of a commissioner.

History:

[42-3111, added 1971, ch. 300, sec. 11, p. 1219; am. 2023, ch. 56, sec. 3, p. 209.]