(A) There is hereby created a Board which shall have the authorities, duties and responsibilities as set forth in this code to enforce the provisions of this code.
(B) The city and county shall provide the Board, either directly or indirectly or by contract or agreement, with the facilities, materials, supplies, and staff needed for the conduct of its business.
(C) The Board shall consist of three members: one shall be appointed by the Mayor and approved by the City Commission; one shall be appointed by the County Judge Executive and approved by the County Fiscal Court; and one shall be appointed by the Daviess County Bar Association and approved by the City Commission and County Fiscal Court. No member of the Board shall hold any elected or appointed office; whether paid or unpaid, or any position of employment or representation, which shall not include the provision of legal services, with the city, county or agency. The members shall serve for a term of three years. No more than two of the members shall be of the same political party. Each member of the Board shall have been a resident of the county for at least one year prior to the date of the appointment and shall reside in the county throughout the term in office. The members of the Board shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. Any member may be reappointed for up to three consecutive terms.
(D) Vacancies on the Board shall be filled within 60 days, subject to the approval of the appropriate legislative body for that appointment. If a vacancy is not filled within 60 days, the remaining members of the Board shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired terms.
(E) Members of the Board shall serve without compensation, unless otherwise approved by the city commission or County Fiscal Court, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.
(F) The Board shall annually elect a chairperson from among the membership. The chairperson from among the membership. The chairperson shall be the presiding officer and a full voting member of the Board.
(G) Meetings of the Board shall be held, as necessary, upon the call of the chairperson or at the written request of a majority of the members.
(H) The presence of two or more members shall constitute a quorum and the affirmative vote of two or more members shall be necessary for any official action to be taken. Any member of the Board who has a conflict of interest with respect to any matter to be considered by the Board shall disclose the nature of the conflict, shall disqualify himself or herself from voting on the matter, and shall not be counted for purposes of establishing a quorum.
(I) Minutes shall be kept for all proceedings of the Board and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(J) A member of the Board may be removed by the City Commission or County Fiscal Court depending upon which body approved the appointment for misconduct, inability, or willful neglect of duties. Before any member of the Board is removed from office, the member shall be afforded the opportunity for hearing before the body which approved the appointment and in the case of the member appointed by the Bar Association, a hearing shall be before a body composed of two members of the City Commission and two members of the County Fiscal Court.
(Ord. C.3, passed 12-28-1994; Ord. C.4, passed 3-1-1995; Ord. 6-2016, passed 7-19-2016)