§ 139-7. District board of supervisors - appointive members; organization of board; certain powers and duties.
§139‑7. District board of supervisors appointive members; organizationof board; certain powers and duties.
The governing body of a soiland water conservation district shall consist of the three elective supervisorsfrom the county or counties in the district, together with the appointivemembers appointed by the Soil and Water Conservation Commission pursuant tothis section, and shall be known as the district board of supervisors. When adistrict is composed of less than four counties, the board of supervisors ofeach county shall on or before October 31, 1978, and on or before October 31 asthe terms of the appointive supervisors expire, recommend in writing twopersons from the district to the Commission to be appointed to serve with theelective supervisors. If the names are not submitted to the Commission asrequired, the office shall be deemed vacant on the date the term is set toexpire and the Commission shall appoint two persons of the district to thedistrict board of supervisors to serve with the elected supervisors. TheCommission shall make its appointments prior to or at the November meeting ofthe Commission. Appointive supervisors shall take office on the first Monday inDecember following their appointment. Such appointive supervisors shall servefor a term of four years, and thereafter, as their terms expire, theirsuccessors shall serve for a term of four years. The terms of office of allappointive supervisors who have heretofore been lawfully appointed for termsthe final year of which presently extends beyond the first Monday in Decemberare hereby terminated on the first Monday in December of the final year ofappointment. Vacancies for any reason in the appointive supervisors shall befilled for the unexpired term by the appointment of a person by the Commissionfrom the district in which the vacancy occurs. Vacancies for any reason in theelected supervisors shall be filled for the unexpired term by appointment bythe Commission of a person from the county in the district in which the vacancyoccurs.
In those districts composed offour or more counties, the Commission may, but is not required to, appoint twopersons from the district without recommendation from the board of supervisors,to serve as district supervisors along with the elected members of the board ofsupervisors. Such appointments shall be made at the same time otherappointments are made under this section, and the persons appointed shall servefor a term of four years.
The supervisors shalldesignate a chairman and may, from time to time, change such designation. Asimple majority of the board shall constitute a quorum for the purpose oftransacting the business of the board, and approval by a majority of thosepresent shall be adequate for a determination of any matter before the board,provided at least a quorum is present. Supervisors of soil and waterconservation districts shall be compensated for their services at the per diemrate and allowed travel, subsistence and other expenses, as provided for Stateboards, commissions and committees generally, under the provisions of G.S. 138‑5;provided, that when per diem compensation and travel, subsistence, or otherexpense is claimed by any supervisor for services performed outside thedistrict for which such supervisor ordinarily may be appointed or elected toserve, the same may not be paid unless prior written approval is obtained fromthe Department of Environment and Natural Resources.
The supervisors may employ asecretary, technical experts, whose qualifications shall be approved by theDepartment, and such other employees as they may require, and shall determinetheir qualifications, duties and compensation. The supervisors may call uponthe Attorney General of the State for such legal services as they may require.The supervisors may delegate to their chairman, to one or more supervisors, orto one or more agents, or employees such powers and duties as they may deemproper. The supervisors shall furnish to the Soil and Water ConservationCommission, upon request, copies of such ordinances, rules, regulations,orders, contracts, forms, and other documents as they shall adopt or employ,and such other information concerning their activities as it may require in theperformance of its duties under this Chapter.
The supervisors shall providefor the execution of surety bonds for all employees and officers who shall beentrusted with funds or property; shall provide for the keeping of a full andaccurate record of all proceedings and of all resolutions, regulations, and ordersissued or adopted; and shall provide for an annual audit of the accounts ofreceipts and disbursements. In any given year, if the supervisors provide foran internal audit, and the supervisor serving as chairman certifies, underoath, that this internal audit is a true and accurate reflection of theaccounts of receipts and disbursements, then the supervisors shall not berequired, notwithstanding the provisions of G.S. 159‑34, to provide foran audit of the accounts of receipts and disbursements by a certified publicaccountant or by an accountant certified by the Local Government Commission.Any supervisor may be removed by the Soil and Water Conservation Commissionupon notice and hearing, for neglect of duty, incompetence or malfeasance inoffice, but for no other reason.
The supervisors may invite thelegislative body of any municipality or county located near the territorycomprised within the district to designate a representative to advise andconsult with the supervisors of the district on all questions of program andpolicy which may affect the property, water supply, or other interests of suchmunicipality or county.
All district supervisors whoseterms of office expire prior to the first Monday in January, 1948, shall holdover and remain in office until supervisors are elected or appointed andqualify as provided in this Chapter, as amended. The terms of office of alldistrict supervisors, who have heretofore been elected or appointed for termsextending beyond the first Monday in January, 1948, are hereby terminated onthe first Monday in January, 1948. (1937, c. 393, s. 7; 1943, c.481; 1947, c. 31, ss. 6, 7; 1957, c. 1374, s. 3; 1963, c. 563; 1973, c. 502, s.2; c. 1262, s. 38; 1977, c. 387; c. 771, s. 4; 1979, c. 519, s. 2; 1981, c.330; 1989, c. 66, s. 1; c. 727, s. 218(92); 1991, c. 689, s. 166; 1997‑443,s. 11A.119(a).)