Jette Meadows Homeowners Association
JETTE MEADOWS/LAKE COUNTY
WATER & SEWER DISTRICT
The Board of Directors shall consist of five members duly elected or appointed pursuant to §7-13 –2232, MCA.
QUALIFICATIONS OF DIRECTORS
Any director so elected or appointed must be an owner or lessee of real property within said district or a resident therein during their entire term of office. Any director who no longer owns property or leases a home in Jette Meadows Subdivision will no longer be eligible to be a director of the Jette Meadows/Lake County Water & Sewer District and shall be removed from the Board
TERM OF OFFICE
All directors, elected or appointed, shall hold office until the election and qualification or appointment and qualification of their successors.
Except as otherwise provided, the term of office of directors elected under the provisions of §7-13-22 and 23, MCA and §7-13-104, MCA shall be 4 years from and after the date of their election.
Directors elected at the first regular election under shall serve as designated by the Board of County Commissioners as follows.
1. Three directors shall serve for a term of two years and two for a term of four years.
The first regular election of the District shall be held in November of the odd year following the formation of the District
ELECTION AND APPOINTMENT PROCEDURE
The election of directors of the district shall be held every two years with the election for local government officials. The election of directors may be conducted by mail ballot. Nomination, election and appointment of directors will be governed by Montana law.
APPOINTMENT OF COMMITTEES AND ADVISORY MEMBERS
The President, with the consent of the majority of the Board members, may appoint committees to research and compile information on business that may come before the Board.
The Board of Directors may appoint individuals to assist the Board in an advisory capacity. Such advisors may counsel the Board on the issues of grant research/resources, general perspectives, and other issues and/or duties as deemed appropriate by the Board. These members will have no voting authority.
RECALL OF DIRECTORS
Every director, whether elected or appointed is subject to recall by the electors of the District.
Any vacancy in the Board of Directors, whether the vacant office is elective or appointive, shall be filled by the remaining directors. The director so elected will complete the term for the vacancy filled and, thereafter, will be subject to the same elective procedures as all directors.
PRESIDENT AND OFFICERS
At the first meeting of every year the Board shall elect one of its members as president who shall then preside over all regular meetings and special meetings. Such other officers as deemed necessary and in compliance with Montana law shall also be elected by the Board.
The president shall sign all contracts on behalf of the District and perform such other duties as may be imposed by the Board. The president also has the authority to assign duties to the directors as required for the efficient operation of the District.
Directors of this District may be compensated pursuant to §7-13-2273, MCA.
CONDUCT OF DISTRICT BUSINESS
All sessions of the Board, whether regular business or special, shall be open to the public. Notice of these public meetings will be published in accordance with §7-1-2121, MCA. The published notice will contain the date, time, and place of hearing; brief statement of any proposed action; and the address and telephone number of a contact person for further information regarding the meeting.
The Board shall hold a regular meeting a minimum of one time during each calendar quarter. Special meetings may be called by the President or by a majority of the Board members.
Board meetings shall be conducted according to Roberts Rules of Order unless there is a conflict under Montana Statutes in which case Montana Law shall be followed. All meetings are open to the public unless closed in accordance with Montana law. The Board Secretary shall prepare written minutes of the meetings and shall keep them as a permanent record of the District. A majority of the Board shall constitute a quorum for the transaction of business.
The Board shall act only by ordinance or resolution. The ayes and nays shall be taken upon passage of all ordinances or resolutions and entered upon the Board minutes. No ordinance or resolution shall be passed or become effective without the affirmative votes of at least a majority of a quorum of the Board. All resolutions and ordinances shall be signed by the President of the Board and attested by the secretary.
The enacting clause of all ordinances passed by the Board shall be in these words: "Be it ordained by the Board of Directors of Jette Meadows/Lake County Water & Sewer District”.
Ordinances may be passed, disapproved, and/or vetoed by the electors of the District by proceeding in accordance with §7-13-2276, MCA.
All ordinances and resolutions shall be sequentially numbered and identified to provide the District Board and members with adequate recording and access information.
HIRING AND APPOINTMENT OF PERSONNEL
The board shall hire or appoint, by majority vote, such personnel as the Board may require from time to time. No director shall be eligible for such appointment or hire.
All employees shall receive such compensation as the Board shall, from time to time, determine.
The District shall abide by Federal and State law in its hiring, discipline, and termination practices.
RESPONSIBILITY TO ESTABLISH DISTRICT POLICY
The Board shall be responsible for establishing District policy and plans. These policies and plans are for the long-term management of the District and to ensure the continuity of assigned objectives.
The responsibility for carrying out the established polices and plans relative to the District as a whole rests with its employees.
The Board will not be involved in the operation of the District on a day-to-day basis but will oversee the District operation through frequent contact with the administrative personnel and through its regular meetings.
FINANCES OF THE DISTRICT
The finances of the District shall be conducted in compliance Title 7, Chapter 6 of the Montana Annotated Code and other sections of law deemed applicable.
The Board, may at its discretion, require reports from personnel and/or contractors to ensure that the Board and the public are properly informed on operational matters. These reports shall be adequately reflected in the minutes of the Board meetings and kept for public review and/or information.
CONFLICT OF INTEREST
Members of the board of directors, ex-officio members, advisors to the board, executive officers, administrative staff members, employees, and/ shall exercise the utmost good faith in all transactions touching upon their duties to the District. They shall not use their positions or knowledge gained therefrom, so that a conflict of interest might arise between the interest of the District and that of the individual. A full disclosure of all facts pertaining to any transaction that is subject to any doubt concerning the possible existence of a conflict of interest shall be made to the President of the Board of Directors before consummating the transaction.
A conflict of interest can be considered to exist in any instance where the actions or activities of an individual on behalf of the District also involve the obtaining of an improper gain or advantage, or an adverse effect on the District's interests.
INDIVIDUAL DIRECTOR AUTHORITY
Individual Directors do not have the authority to interfere with the daily operations or in the duties of personnel without the express consent of the Board and at no time shall act on behalf of the District Board without the proper authority.
No Director shall enter into any agreement on behalf of the District without the approval of a majority of the Board or the express consent of the President of the Board.
No Director may or shall make any decisions unilaterally in the name of the District. All decisions should be made in the proper conduct of Board business.
No Director shall make promises and commitments regarding system operations before the issue(s) are fully discussed at a meeting(s) of the Board and before that particular Director is authorized to make such promises and commitments on behalf of the District.
Directors shall not take an active role in the operation and maintenance of the system.
No Director shall assume authority in operational matters when the Board is not in session.
ACCESS TO INFORMATION
Each Director has the right of reasonable access to all District information. This includes, but is not limited to, all records, reports, and mail including correspondence with customers and regulatory agencies.
This access is obtained through specific request to the Board secretary. The request need not be formal but should be reasonable.
Each Director has the right to expect prompt notification of certain actions by personnel or by other Directors.. The right of notification refers to any unusual, significant or prohibited aspects of system operation or Director conduct. Notification will occur promptly either by verbal or written means by the Board President.
AMENDMENT OF BY-LAWS
These By-laws may be amended at any meeting of the Board by an official action, provided that notice of proposed amendments is given to each Director in writing at least two (2) weeks prior to the meeting.
The foregoing Bylaws were duly introduced before the Board of Directors on the ____day of _______________, 20___, public comment was made and the same were adopted on this the _____day of ______________________, 20____.