The administrative authority over municipally owned utilities shall be vested in a Board of five (5) members elected at large. The term of office of a member of the Board shall be four (4) years. At the Municipal election in the calendar year of 1951 five (5) members shall be elected to the Board; the three (3) who receive the highest number of votes shall be elected for a term of four (4) years, and the two (2) who receive the next highest number of votes shall be elected for a term of two (2) years. Thereafter, members shall be elected for a term of four (4) years to fill vacancies caused by the expiration of terms of members of the Board as they may occur.
No person shall be a member of the Board of Municipal Utilities unless he shall have been a resident of and a qualified elector of the Municipality continuously for two (2) years immediately prior to his election or appointment. No person shall serve as a member of the Board unless he shall continue to be a resident of the Municipality throughout his term of office. No member of the Board shall hold any other public office with the Municipality or employment with the Municipality. No member of the Board shall be interested in the profits or emoluments of any contract, job, work or service for which the moneys of the Municipality are being expended.
Any member of the Board who shall cease to possess, or violates any of the qualifications herein enumerated shall forfeit his office; but failure of any member of the Board to maintain said qualifications shall not render void or ineffective any action of the Board in which such member has participated.
(Amended 6-8-1976)
The Council shall be the sole and final judge of the election and qualifications of the members of the Board of Municipal Utilities. The Council may expel or remove any member of the Board of Municipal Utilities for gross misconduct, or for malfeasance, misfeasance, or nonfeasance, in, or disqualification from holding office, or for conviction while in office of a crime involving moral turpitude, or for violation of his oath of office, or for persistent failure to abide by the rules of the Board of Municipal Utilities, or for absence from three (3) consecutive regular meetings without justifiable excuse. Such expulsion shall not take place except on concurrence of five (5) of the members elected to Council, nor until the accused member shall have been notified in writing of the charge preferred against him at least ten (10) days in advance of any hearing upon such charge, and until he or his counsel shall have been given an opportunity to appear before Council and be heard, present evidence and examine witnesses appearing in support of the charge.
Whenever the office of a member of the Board of Municipal Utilities becomes vacant, the vacancy shall be filled for the unexpired term by a majority vote of the remaining members of the Board. If the vacancy is not so filled within thirty (30) days after it shall have occurred, the Mayor shall fill the vacancy by appointment.
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