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  • Commission explores setting up County Fire District Board


By Myrna Trauntvein
Times-News Correspondent

As the county fire district is organized, some guidelines need to be set from the beginning and one of those is how many people should sit on the governing board.

In addition, those wishing to sit on the board must volunteer for a position by entering their names with the county commission. Those who nominate themselves are then considered for the positions before a final selection is made.

David Leavitt, Juab County attorney, told commissioners the board should have three to seven members appointed by the commission to be part of the fire district governing body. The county commission would make those appointments and set up a time, by lottery, for each board member to serve.

"Each incorporated community within the county may appoint one member to serve on the board in addition to those members who have been appointed by the commission," said Leavitt.

Six members could be appointed by the commission and five would be appointed by the various incorporated communities for a total of 11 board members.

"State statute sets up a specific procedure which is codified in the statute which must be followed," said Leavitt.

Notice of the plan to appoint a governing board must be advertised for one month in four public places in the county. Along with that notice, another notice must be placed in a newspaper of general circulation within the boundaries of the county.

The notice must be placed in the newspaper for at least one week before the deadline for names to be submitted to the commission, said Leavitt.

"Cities making appointments must follow the same procedure," said Leavitt.

The county commission can design some parameters for board qualifications, he said. For example, the commission could determine that some board members be firefighters, others be business owners, or that members live within various parts of the county to give all geographic locations equal representation.

"Can we ask for board members who have certain skills?" asked Wm. Boyd Howarth, commission chair. "For example, we would need a board member with auditing skills, one with legal skills, and one with writing skills."

A minimum age requirement, such as voting age, could also be set by the commission.

After the list of those who have applied to sit on the board has been completed, commissioners will pick from the list those who meet the largest number of necessary qualifications. Commissioners will fix the terms for board members.

"You would need to have the appointees draw lots for terms of two years or four years," said Leavitt. The first of those appointments, the two year group, would come up for reappointment or replacement at the end of that time, however, the appointments would then be for four years.

"That way membership on the board is staggered so that not all appointments come due for reappointment at the same time," he said.

If the commission wanted to, said Leavitt, they could legally serve as the board for the fire district. "Politically, it is my advice that you need to appoint a board, but, legally, you could serve as the board."

"What happens if the question of a fire district is not passed by the voters?" asked Howarth.

The district does not need to be voted on, as such, said Leavitt. Whether the fire district should receive tax money was the question voters would be asked to decide. If the question was not approved by the voters, the county could still have a fire district. It would not have any money to operate.

In addition, said Leavitt, the fire district did not need a board in order to have the question placed on the ballot but it was a good idea to appoint the board in advance so that they could develop a sense of community and relationships prior to the vote.

Commissioners agreed to appoint Leavitt; Mike Seely, county administrator; and Howarth, as commission chairman; to form a committee to design the necessary qualifications for board members. The three will return to the commission meeting on Jan. 3, 2000, and present the requirements they have determined necessary.