(a) The Marion County Public Water Authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization.
(b) The initial board of directors shall consist of three citizens appointed to incorporate the authority and six other directors to be appointed within 45 days after the date the authority is incorporated as follows:
(1) In addition to the appointment of one of the incorporators who shall serve an initial term of six years, the Marion County Commission shall appoint the county engineer as one director.
(2) The Marion County Firefighters Association shall appoint one member from their associations who shall serve an initial term of two years.
(3) With each incorporated municipality, regardless of size, having one vote in the selection, the elected mayors of all incorporated municipalities in Marion County shall appoint one director who shall serve an initial term of two years.
(4) The chairs of the water authorities in Marion County shall appoint one director who shall serve an initial term of six years.
(5) The incorporator appointed by the senator shall serve an initial term of six years and shall be chair of the board of directors during his or her initial term of office.
(6) The incorporator appointed by the member of the House of Representatives shall serve an initial term of four years; two other directors shall be appointed by the members of the House of Representatives and shall serve an initial term of four years.
(c) In the event an appointment is not made within 45 days after the date of incorporation, the Governor shall have the authority to make such appointment.
(d) As soon as may be practicable after the organization of the authority, an election shall be held by the board of directors to elect a vice-chair and a secretary-treasurer. After the initial term of six years for the chair, the board of directors shall elect a chair who shall serve four year terms. No chair shall serve more than three consecutive elected terms.
(e) Upon the expiration of the initial terms, directors shall serve a term of six years and vacancies shall be filled by the respective appointing authority that made the initial appointment. In the event of a vacancy in office due to death, disability, resignation, or impeachment, the unexpired term of such office shall be filled by appointment by the respective appointing authority making the initial appointment. No officer of the state or of any county or municipality, during his or her tenure as such officer, shall be eligible to serve as a director.
(f) Each director appointed shall be a duly qualified elector of that county and shall be a resident of and the owner of real property in that part of the service area of the authority which lies within that county. Each director shall be compensated for each meeting attended in an amount to be determined by a majority vote of the members of the board. The amount of each director's compensation shall be stated in the bylaws of the authority. In addition, each director shall be entitled to reimbursement for expenses actually incurred on official business of the authority in the performance of his or her duties.
(g) If any director of the authority is absent from three consecutive, called or scheduled meetings, he or she shall be removed from office and terminated as a member of the authority. Within 45 days of his or her removal, the appointing authority of such director shall make a replacement appointment. Upon failure of the appointing authority to make such replacement appointment with 45 days, the Governor shall appoint a director.
(h) Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama of 1901 and the general laws of the state for impeachment and removal of the officers mentioned in Section 175.
(i) The Marion County Commission may provide office space and staff for the authority.
Last modified: May 3, 2021