As Amended
SEC. 51-23-5. Board of directors.
All powers of the district shall be exercised by a board of directors to be selected and composed as follows:
(a) The board of water commissioners, the Mississippi Board of Economic Development, the board of levee commissioners of the Yazoo-Mississippi Delta Levee District and the board of levee commissioners of the Mississippi Levee District of the state of Mississippi shall each appoint one (1) director from their respective boards to serve on the board of directors of the Lower Yazoo River Basin District, each such director to serve at the pleasure of the respective board appointing him, but not to exceed a six-year term.
(b) The board of supervisors of each county which elects to become a member of the district shall appoint two (2) directors from that county, each of whom shall serve for a term of six (6) years or until his successor is appointed by the board of supervisors of that county and qualified; in making its initial appointment of directors the board of supervisors of each member county shall appoint one (1) of its two (2) directors to serve for a term of three (3) years or until his successor is appointed and qualified.
(c) The governor of the state of Mississippi shall appoint one (1) director residing within the district, who shall serve for a term of six (6) years or until his successor is appointed by the governor and qualified.
(d) Each director shall take and subscribe to the general oath of office required by section 268 of the constitution of the state of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.
(e) Each director shall receive a per diem not to exceed the amount set by section 25-3-69 for attending each day's meeting of the board and for each day spent in attending to the necessary business of the district and, in addition, he shall receive reimbursement for actual mileage expenses not to exceed the amount set by section 25-3-41. However, the above per diem and mileage expense reimbursement shall not apply to the members of the board of directors named by the board of water commissioners and the Mississippi Board of Economic Development.
(f) The board of directors shall annually elect from its number a president and vice president of the district and such other officers as, in the judgment of the board, are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this chapter upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who shall be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than fifty thousand dollars ($50,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than ten thousand dollars ($10,000.00), with sureties qualified to do business in this state, and the premiums on said bonds shall be an expense of the district. Each such bond shall be payable to the state of Mississippi; the condition of each such bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.
(g) Except as provided in the first paragraph of section 51-23-17, all business of the district shall be transacted by the affirmative vote of a majority of the total membership of the board of directors at a regular meeting duly called and held for such purpose.
(h) The state auditor of public accounts shall annually audit the books and records of the district and make a report thereof to the governor and the Legislature.
SOURCES: Codes, 1942, Sec. 5956-353; Laws, 1966, Ex. Sess., ch. 49, Sec. 3; 1981, ch. 400, Sec. 1, eff from and after July 1, 1981.
1997 Amendment:
SECTION 7. Sections 51-23-1, 51-23-3, 51-23-5, 51-23-7, 51-23-9, 51-23-11, 51-23-13, 51-23-15 and 51-23-17, Mississippi Code of 1972, which establish legislative intent and policy for the Lower Yazoo River Basin District, authorize the organization of the district and specify which counties may become part of the district, and provide for a board of directors, creation of the district, payments to the district, expenses of the district and powers and duties of the district, are repealed.
SOURCE: 1997 Laws, Chapter 403, Section 7, SB2937, Effective July 1, 1997.