2005 Minnesota Statutes

     115.23 Board of managers of district.  

    Subdivision 1.    Composition.  The governing body of each 
 district shall 
 be a board of managers of five members, who shall be voters 
 residing in the district, and who may but need not be officers, 
 members of governing bodies, or employees of the related 
 governmental subdivisions, except that where there are more than 
 five territorial units in a district there shall be one board 
 member for each unit.  

    Subd. 2.    Terms.  The terms of the first board members elected 
 after creation of a district shall be so arranged and determined 
 by the electing body as to expire on the first business day in 
 January as follows: 

    (1) The terms of two members in the second calendar year 
 after the year in which they were elected; 

    (2) The terms of two other members in the third calendar 
 year after the year in which they were elected; 

    (3) The term of the remaining member in the fourth calendar 
 year after the year in which the member was elected.  In case a 
 board has more than five members the additional members shall be 
 assigned to the groups hereinbefore provided for so as to 
 equalize such groups as far as practicable.  Thereafter board 
 members shall be elected successively for regular terms 
 beginning on expiration of the preceding terms and expiring on 
 the first business day in January of the third calendar year 
 thereafter.  Each board member shall serve until a successor is 
 elected and has qualified.  

    Subd. 3.    Election of board.  In a district having only one 
 territorial unit 
 all the members of the board shall be elected by the related 
 governing body.  In a district having more than one territorial 
 unit the members of the board shall be elected by the members of 
 the related governing bodies in joint session except as 
 otherwise provided.  The electing bodies concerned shall meet 
 and elect the first board members of a new district as soon as 
 practicable after creation of the district, and shall meet and 
 elect board members for succeeding regular terms as soon as 
 practicable after November 1 next preceding the beginning of the 
 terms to be filled, respectively.  

    Subd. 4.    Central related governing body.  Upon the creation 
 of a district having more than 
 one territorial unit the agency, on the basis of convenience for 
 joint meeting purposes, shall designate one of the related 
 governing bodies as the central related governing body in the 
 order creating the district or in a subsequent special order, of 
 which the secretary of the agency shall notify the clerks or 
 recorders of all the related governing bodies.  Upon receipt of 
 such notification, the clerk or recorder of the central related 
 governing body shall immediately transmit the same to the 
 presiding officer of such body.  Such officer shall thereupon 
 call a joint meeting of the members of all the related governing 
 bodies to elect board members, to be held at such time as the 
 officer shall fix at the regular meeting place of the officer's 
 governing body or at such other place in the district as the 
 officer shall determine.  At least ten days' notice of the 
 meeting shall be given by mail by the clerk or recorder of such 
 body to the clerks or recorders of all the other related 
 governing bodies, who shall immediately transmit such notice to 
 all the members of such bodies, respectively.  Subsequent joint 
 meetings to elect board members for regular terms shall be 
 called and held in like manner.  The presiding officer and the 
 clerk or recorder of the central related governing body shall 
 act respectively as chair and secretary of the joint electing 
 body at any meeting thereof, but in case of the absence or 
 disability of either of them such body may elect a temporary 
 substitute.  A majority of the members of each related governing 
 body shall be required for a quorum at any meeting of the joint 
 electing body.  

    Subd. 5.    Nominations.  Nominations for board members may be 
 made by 
 petitions, each signed by ten or more voters residing and owning 
 land in the district, filed with the clerk, recorder, or 
 secretary of the electing body before the election meeting.  No 
 person shall sign more than one petition.  The electing body 
 shall give due consideration to all such nominations but shall 
 not be limited thereto.  

    Subd. 6.    Election; single governing body.  In the case of an 
 electing body consisting of a 
 single related governing body, a majority vote of all the 
 members shall be required for an election.  In the case of a 
 joint electing body, a majority vote of the members present 
 shall be required for an election.  In case of lack of a quorum 
 or failure to elect, a meeting of an electing body may be 
 adjourned to a stated time and place without further notice.  

    Subd. 7.    Election; multiple governing bodies.  In any 
 district having more than one territorial 
 unit the related governing bodies, instead of meeting in joint 
 session, may elect a board member by resolutions adopted by all 
 of them separately, concurring in the election of the same 
 person.  A majority vote of all the members of each related 
 governing body shall be required for the adoption of any such 
 resolution.  The clerks or recorders of the other related 
 governing bodies shall transmit certified copies of such 
 resolutions to the clerk or recorder of the central related 
 governing body.  Upon receipt of concurring resolutions from all 
 the related governing bodies, the presiding officer and clerk or 
 recorder of the central related governing body shall certify the 
 results and furnish certificates of election as provided for a 
 joint meeting.  

    Subd. 8.    Vacancies.  Any vacancy in the membership of a board 
 shall be 
 filled for the unexpired term in like manner as provided for the 
 regular election of board members.  

    Subd. 9.    Certification of election; temporary chair.  The 
 presiding and recording officers of the 
 electing body shall certify the results of each election to the 
 secretary of the agency, to the county auditor of each county 
 wherein any part of the district is situated, and to the clerk 
 or recorder of each related governing body, and shall make and 
 transmit to each board member elected a certificate of the board 
 member's election.  Upon electing the first board members of a 
 district, the presiding officer of the electing body shall 
 designate one of them to serve as temporary chair for the 
 purposes of initial organization of the board, and the recording 
 officer of the body shall include written notice thereof to all 
 the board members with their certificates of election.  

    HIST: Ex1961 c 20 s 9; 1969 c 9 s 21; 1986 c 444