68-221-605 - Appointment of commissioners Members Election of officers Jurisdiction.
68-221-605. Appointment of commissioners Members Election of officers Jurisdiction.
(a) (1) The governing body of the authority shall be a board of commissioners of five (5) persons appointed by the executive officer of the creating governmental entity and approved by its governing body.
(2) The board of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance.
(b) (1) If there are one (1) or more participating governmental entities, one (1) additional member of the board shall be appointed by the executive officer of each participating governmental entity and approved by its governing body.
(2) The vote of each member of the board shall reflect the population of the area of the governmental entity which the member represents, with the five (5) members representing the creating governmental entity, each having a vote reflecting one fifth (1/5) of the population of the area of the entity.
(c) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, but thereafter each commissioner shall be appointed for a term of five (5) years.
(d) (1) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
(2) A commissioner's term shall continue until the appointment and qualification of such commissioner's successor.
(3) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the governmental entity which approved the commissioner's appointment, but only after notice of the cause of the removal shall have been served upon the commissioner, and only after the commissioner shall have been granted an opportunity for a public hearing on such cause.
(e) (1) The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure.
(2) The presence of commissioners having a majority of the voting strength of the commissioners shall constitute a quorum for the transaction of business.
(3) Except as herein expressly otherwise specified, all powers herein granted to an authority shall be exercised by the board.
(4) Commissioners shall receive no salary but shall be reimbursed for necessary expenses incurred in the performance of their official duties.
(5) Neither the Tennessee regulatory authority nor any other board or commission of like character hereafter created shall have jurisdiction over the authority in the management and control of any treatment works, including the regulation of its rates, fees or charges.
[Acts 1974, ch. 605, § 5; T.C.A., §§ 53-6005, 68-13-605; Acts 1995, ch. 305, § 134.]