11-21-110 - Dissolution of boards.
11-21-110. Dissolution of boards.
(a) A county conservation board created by petition and election as provided for in § 11-21-102 may only be dissolved after an election on the issue of dissolution. In the case that there has been an election on the issue of dissolution and a majority of the voters vote for dissolution, the board shall not be dissolved unless a resolution for dissolution be passed by the county legislative body.
(b) A county conservation board created solely by action of the county legislative body may be dissolved by similar action. Notice of an action to dissolve such board must be given to the chair of such board at least thirty (30) days preceding a vote by the legislative body on the issue. Public notice of such pending action must also be given by notification published in the newspaper of circulation in the county on at least two (2) occasions within the thirty-day period preceding the vote by the legislative body.
(c) Notwithstanding the above provisions, a board may be dissolved by action of the commissioner of environment and conservation after adequate hearing held after sixty (60) days written notice given to the county executive and members of the board and upon any of the following findings:
(1) The board has not met within a period of six (6) months;
(2) A majority of the positions of the board members are unfilled or unappointed or a majority of persons on the board are sitting due to the failure of the county legislative body to appoint a successor;
(3) The board has failed to file its annual report with the commissioner for two (2) successive years; or
(4) Other similar findings which would indicate that the board is no longer bona fide or active.
[Acts 1984, ch. 813, § 2.]