Boards
(1) A board of county commissioners may by resolution establish the administrative boards, districts, or commissions allowed by law or required by law to be established pursuant to 7-1-202, 7-1-203, Title 7, chapter 11, part 10, and this section and listed in 7-1-202. The resolution creating an administrative board, district, or commission must specify:
(a) the number of board, district, or commission members;
(b) the terms of the members;
(c) whether members are entitled to mileage, per diem, expenses, and salary; and
(d) any special qualifications for membership in addition to those established by law.
(2) (a) An administrative board, district, or commission may be assigned responsibility for a department or service district.
(b) An administrative board, district, or commission may:
(i) exercise administrative powers as granted by resolution, except that it may not pledge the credit of the county or impose a tax unless specifically authorized by state law;
(ii) administer programs, establish policy, and adopt administrative and procedural rules.
(c) The resolution creating an administrative board, district, or commission must grant the board, district, or commission all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the department or district.
(d) If authorized by resolution, an administrative board, district, or commission may employ personnel to assist in its functions.
(3) (a) Administrative boards, districts, and commissions may be made elective.
(b) If an administrative board is made elective and if the number of candidates is equal to or less than the number of positions to be elected, the election administrator may cancel the election in accordance with 13-1-304. A position for which there were no nominees must be filled by appointment by the county commissioners for the same term as if the position were filled by election. If there is only one nominee for a position, the nominee may be declared elected by acclamation.
(4) Administrative boards, districts, and commissions may not sue or be sued independently of the local government unless authorized by state law.
(5) Members must be appointed by the county commissioners. The county commissioners shall post prospective membership vacancies at least 1 month prior to filling the vacancy.
(6) The county commissioners shall maintain a register of appointments, including:
(a) the name of the board, district, or commission;
(b) the date of appointment and confirmation, if any is required;
(c) the length of term;
(d) the name and term of the presiding officer and other officers of each administrative board, district, or commission; and
(e) the date, time, and place of regularly scheduled meetings.
(7) Terms of all members, except elected members, may not exceed 4 years. Unless otherwise provided by resolution, members shall serve terms beginning on July 1 and shall serve at the pleasure of the county commissioners.
(8) An administrative board, district, or commission must consist of a minimum of 3 members and must have an odd number of members.
(9) The resolution creating an administrative board, district, or commission may provide for voting or nonvoting ex officio members.
(10) Two or more local governments may provide for joint boards, districts, or commissions to be established by interlocal agreements.
(11) A majority of members constitutes a quorum for the purposes of conducting business and exercising powers and responsibilities. Action may be taken by a majority vote of members present and voting unless the resolution creating the board, district, or commission specifies otherwise.
(12) An administrative board, district, or commission shall provide for the keeping of written minutes, including the final vote on all actions and the vote of each member.
(13) An administrative board, district, or commission shall provide by rule for the date, time, and place of regularly scheduled meetings and file the information with the county commissioners.
(14) Unless otherwise provided by law, a person must be a resident of the county to be eligible for appointment to an administrative board, district, or commission. The county commissioners may prescribe by resolution additional qualifications for membership.
(15) A person may be removed from an administrative board, district, or commission for cause by the county commissioners or as provided by resolution.
(16) A resolution creating an administrative board, district, or commission must contain, if applicable, budgeting and accounting requirements for which the board, district, or commission is accountable to the county commissioners.
(17) If a municipality creates a special district in accordance with Title 7, chapter 11, part 10, the governing body of the municipality shall comply with this section if the governing body chooses to have the special district governed by a separate board.
(1) A board of county commissioners may by resolution establish the administrative boards, districts, or commissions allowed by law or required by law to be established pursuant to 7-1-202, 7-1-203, Title 7, chapter 11, part 10, and this section and listed in 7-1-202. The resolution creating an administrative board, district, or commission must specify:
(a) the number of administrative board, district, district board, or commission members;
(b) the terms of the members;
(c) whether members are entitled to mileage, per diem, expenses, and salary; and
(d) any special qualifications for membership in addition to those established by law.
(10) Two An administrative board, a district board, or more local governments may a commission shall provide for joint boards, districts, or commissions to be established by interlocal agreements. the keeping of written minutes, including the final vote on all actions and the vote of each member.
(11) A majority of members constitutes An administrative board, a quorum district board, or a commission shall provide by rule for the purposes date, time, of and conducting business place of regularly scheduled meetings and exercising powers and responsibilities. Action may be taken by a majority vote of members present file and voting unless the resolution creating information with the board, district, or
(12) An administrative board, district, or commission shall provide for the keeping of written minutes, including Unless otherwise provided by law, a person must be a citizen the of final vote on all actions and the United States and a resident the of vote of each member. the county to be eligible for appointment to an administrative board, a district board, or a commission. The county commissioners may prescribe by resolution additional qualifications for membership.
(13) An A person may be removed from an administrative board, district, a district board, or a commission shall provide by for rule for cause by the date, time, and place of regularly scheduled meetings and file the information with the
(14) Unless otherwise provided by law, A resolution creating an administrative board, a person district board, or must a be a resident of the county to be eligible commission must contain, if applicable, budgeting and accounting requirements for appointment to an which the administrative board, district, district board, or commission. The commission is accountable to the county
(15) A person may be removed from an administrative board, district, or commission for cause by If a municipality creates a special district in accordance with Title 7, chapter 11, part 10, the county commissioners or as provided by resolution. governing body of the municipality shall comply with this section if the governing body chooses to have the special district governed by a separate board.
(16) A resolution creating an administrative board, district, or commission must contain, if applicable, budgeting and accounting requirements for which the board, district, or commission is accountable to the county commissioners.
(17) If a municipality creates a special district in accordance with Title 7, chapter 11, part 10, the governing body of the municipality shall comply with this section if the governing body chooses to have the special district governed by a separate board.
(2) (a) An administrative board, district, or a district board, commission or may a commission may be assigned responsibility for a department or service district.
(b) An administrative board, district, a district board, or a commission may:
(i) exercise administrative powers as granted by resolution, except that it may not pledge the credit of the county or impose a tax unless specifically authorized by state law; and
(ii) administer programs, establish policy, and adopt administrative and procedural rules.
(c) The resolution creating an administrative board, district, a district or board, commission or a must commission must grant the administrative board, district, district board, or commission all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the department or district.
(d) If authorized by resolution, an administrative board, district, a district board, or a commission may employ personnel to assist in its functions.
(3) (a) Administrative boards, districts, and commissions An administrative board, a district board, or a commission may be made elective.
(b) If an administrative board board, a district board, or a commission is made elective and if elective, the number of candidates is equal to or less than the number of positions to be election elected, the election administrator may cancel the election must be conducted as provided in accordance with 13-1-304. A position for which there were no nominees must be filled by Title 13, chapter 1, part 5. appointment by the county commissioners for the same term as if the position were filled by election. If there is only one nominee for a position, the nominee may be declared elected by acclamation.
(c) A vacancy created pursuant to 2-16-501 occurring during a term must be filled for the unexpired term by the county commissioners. The member appointed to fill the vacancy holds the office until a successor has been elected and qualified.
(4) Administrative boards, districts, and commissions An administrative board, a district board, may or a commission may not sue or be sued independently of the local government unless authorized by state law.
(5) Members must be appointed by the county commissioners. The county commissioners shall post prospective membership vacancies at least 1 month prior to filling the vacancy.
(5) (a) If administrative board, district board, or commission members are to be appointed, the members must be appointed by the county commissioners. The county commissioners shall post prospective membership vacancies at least 1 month prior to filling the vacancy. A vacancy created pursuant to 2-16-501 occurring during a term must be filled for the unexpired term by the county commissioners. The member appointed to fill the vacancy holds the office until a successor has been appointed and qualified.
(b) The county commissioners shall maintain a register of appointments, including:
(i) the name of the administrative board, district board, or commission;
(ii) the date of appointment and confirmation, if any is required;
(iii) the length of term;
(iv) the name and term of the presiding officer and other officers of each administrative board, district board, or commission; and
(v) the date, time, and place of regularly scheduled meetings.
(c) Terms for members of elected or appointed boards or commissions may not exceed 4 years. Unless otherwise provided by resolution or as provided in 7-11-1010, members shall serve terms beginning on July 1 and shall serve at the pleasure of the county commissioners.
(6) The county commissioners shall maintain An administrative board, a register district board, or a commission must consist of appointments, including: a minimum of 3 members and must have an odd number of members.
(a) the name of the board, district, or commission;
(b) the date of appointment and confirmation, if any is required;
(c) the length of term;
(d) the name and term of the presiding officer and other officers of each administrative board, district, or commission; and
(e) the date, time, and place of regularly scheduled meetings.
(7) Terms of all members, except elected members, may not exceed 4 years. Unless otherwise provided The resolution creating an administrative board, a district board, or a commission may provide for by resolution, members shall serve terms beginning on July 1 and shall serve at the voting or nonvoting ex officio members. pleasure of the county commissioners.
(8) An administrative board, district, Two or commission must consist of more local governments may provide for a minimum of 3 members and must have an odd number of members. joint administrative board, district board, or commission to be
(9) The resolution creating an administrative board, district, or commission may provide A majority of members constitutes a quorum for voting or nonvoting ex officio members. the purposes of conducting business and exercising powers and responsibilities. Action may be taken by a majority vote of members present and voting unless the resolution creating the board, district, or commission specifies otherwise.
Boards
| EnactedEn. SectionSec. 1, ChapterCh. 543, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 1, ChapterCh. 254, Laws ofL. 1999 (SB 488 - Bartlett, Sue (D) SD 27) |
| AmendedAmd. SectionSec. 22, ChapterCh. 286, Laws ofL. 2009 (SB 57 - Gillan, Kim (D) SD 24) |