Election of Directors — Failure of Board to Perform Duties — Election of New Board
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Within thirty (30) days after the permanent boundaries of the district are established as prescribed in §§ 69-6-119 — 69-6-121, an election shall be held for the election of directors. Notice of this election shall be given at least ten (10) days prior to the date of the election by one (1) publication in a newspaper of general circulation in each of the counties of which the district is a part. Such election shall be by ballot, and shall be conducted in the same manner as prescribed in §§ 69-6-106 — 69-6-110. Subsequent elections shall be called by the board from time to time as membership on the board shall expire.
In the event the board of directors fails or refuses to take steps to proceed with the promotion of watershed district activities, or fails to take steps to effectuate the purposes for which the district was organized, or fails to hold two (2) consecutive quarterly board meetings as required by § 69-6-124, five percent (5%) of the qualified voters of the watershed district may petition the county legislative bodies of the counties having lands within the district to elect a new board.
The petition may be filed with the county clerk of any county having lands within the district. Such petition shall be presented to the next regular or special meeting of the county legislative body, and such county legislative body shall proceed to consider the merits of the petition and if a majority of the members present vote to sustain the petition, the county legislative body shall proceed to elect successors to the members of the board residing in that county.
The county clerk of that county shall then certify a copy of the petition to each of the other counties having lands in the district and, at the next special or regular meeting of the county legislative bodies of such counties, it shall be mandatory that such county legislative bodies elect successors to the members of the board residing in the respective counties.
The action of the county legislative body in which the petition is first filed determining whether the petition should be sustained shall be final and conclusive and is not be subject to review by any court.
The incumbent board members shall be ineligible to be elected to the new board. The new board members shall serve during the unexpired terms of their predecessors.
In the event a petition is rejected by any county, a similar petition shall not be entertained by any county within the district for a period of one (1) year after such rejection.