(A) The Augusta Regional Water Treatment Plant (“Water Treatment Plant”) Advisory Board is hereby established for the purpose of providing comment and recommendations regarding the Water Treatment Plant’s operation, and to provide for independent review of the Water Treatment Plant’s operations.
(B) The Water Treatment Plant Board (“Board”) shall be composed of three members, with one member representing the City of Augusta, one member representing Bracken County Water District (“Bracken District”), and one member representing the City of Brooksville. The governing bodies of Augusta, Bracken District and the City of Brooksville (“Brooksville”) (collectively “Participant Entities”) shall each submit, to the Mayor of Augusta, a written list of at least two persons, as nominees to serve as such Participant Entity’s representative on the Board.
(C) Within 30 days of receiving such nominations, Augusta’s Mayor shall appoint one of such nominees from such Participant Entity’s list, to serve on the Board as the representative of such Participant Entity.
(D) To ensure a reasonable level of experience and knowledge among the Board’s members, the initial appointees to the Board will be appointed for staggered terms from two to four years, with each of the three members’ individual terms to be determined by lot.
(E) The Board members will thereafter be appointed for a term of four years, provided, however, that any vacancy resulting from any reason other than an expiration of term, shall be filled only for the unexpired term of such vacancy.
(F) If a vacancy occurs due to death, resignation, expiration of term or other reasons, the Participating Entity that is represented by the vacant position shall submit, to the Augusta Mayor, within 15 days of the creation of the vacancy, a written list of at least two persons as nominees to fill such vacant position. Within 30 days of receiving such nominations, the Mayor of Augusta shall appoint one of the named persons to fill the vacancy.
(G) Upon the Augusta Mayor’s receipt of written advice from the governing body of the Participating Entity that its representative Board member no longer has the Participating Entity’s confidence and support, such Board member shall be deemed removed, and after notice of the removal to such Board Member, the resulting vacancy shall be filled by the Mayor of Augusta, within thirty days of the Participating Entity’s provision to the Mayor of Augusta, of a list of at least two names as nominees to be considered for the resulting vacant position.
(H) The Mayor of Augusta may remove a Board Member for cause. “Cause” shall include improper or inadequate performance, incompetency, neglect of duty, malfeasance, illegal conduct, or a violation of a lawfully adopted City of Augusta ordinance or Resolution of the Augusta City Council. Prior to removing a Board member for cause, Augusta’s Mayor shall give 30 days’ written notice to that Board member and to the Participating Entity whom the Board member represents.
(I) The Board shall meet at least once every three months, prepare written minutes of each Board meeting, and make these minutes, as well as all findings and recommendations that the Board submits to Augusta officials, also available to the other Participating Entities as soon as reasonably practicable.
(J) Board members will be compensated at a rate of $50 per meeting. However, this compensation shall not exceed $250 per month. Augusta shall pay the compensation, but payments to Board members shall be considered an operating expense of the Water Treatment Plant. For purposes of determining the wholesale rate to Bracken District, only the compensation paid to the members representing Bracken District and Brooksville will be allocated to Bracken District.
(K) The Board may examine the operation and management practices of the water treatment plant and may make written recommendations to Augusta officials regarding those practices. Augusta officials shall allow any Board member access to the water treatment plant’s facilities and records during reasonable hours. Augusta officials shall provide the Board with advance notice of operational and purchasing decisions for items or matters that are not in the ordinary course of business and allow the Board an opportunity to comment and make recommendations regarding those decisions. Augusta officials shall consider these recommendations and should Augusta officials determine that those recommendations should not be implemented, Augusta officials shall provide the Board with a written statement explaining such decision.
(L) Prior to creating any new position or filling any existing position vacancy at the Water Treatment Plant, Augusta officials shall request a recommendation from the Board regarding the need to fill the vacancy or create the new position and shall provide a reasonable period for the Board to respond. The Board may make any recommendations in writing to Augusta officials. If Augusta officials elect not to implement these recommendations, Augusta officials shall provide each member of the Board with a written statement of the reasons for such decision.
(M) The Board may review annually any rules that Augusta officials use to allocate the cost of services that other city departments provide to the water treatment plant and may advise Augusta officials in writing whether these rules accurately reflect the cost of those services and of any revisions that should be made in these rules to more accurately reflect the cost of those services. Augusta officials shall consider these recommendations and, if it finds that those recommendations should not be implemented, shall provide the Board with a written statement of its reasons for its decision.
(N) At any public service commission proceeding involving the review of Augusta’s wholesale rate, Augusta shall have the burden of demonstrating the reasonableness of any test period expense that resulted from any action that was contrary to or inconsistent with a Board recommendation.
(O) Upon the Board’s request, the Participating Entities, either individually or collectively, may provide administrative and logistical support to the Board. If Augusta provides such support to the Board, the cost for such support shall be considered an operating expense of the Augusta Regional Water Treatment Plant.
(P) Augusta officials shall not dissolve the Board without Bracken District’s consent, which shall not unreasonably be withheld. Dissolution of the Board without Bracken District’s consent shall be deemed a material breach of the water purchase contract between the City of Augusta and Bracken County Water District and approved by the Public Service Commission in Case No. 2015-00039 on .
(Ord. 2016-02, passed 3-16-16)