{"data":{"id":"us-ky/krs-74.020","jurisdiction":"us-ky","citation":"KRS 74.020","heading":"Appointment  of commissioners  -- Number  -- Terms  -- Removal  --","body":"Vacancies  -- Organization -- Bond  -- Compensation  -- Mandatory training\n-- Notice of vacancy.\n(1) A water district shall be administered by a board of commissioners which shall\ncontrol and manage the affairs of the district. The term of each commissioner is\nfour (4) years, except as provided in this section:\n(a) If a  district lies wholly within a  single county, or operates as a\nsingle-county district, as provided in paragraph (c) of this subsection, the\nboard of commissioners shall be composed  of either three (3) or five (5)\nmembers  as the county judge/executive shall determine. Members  of the\nboard  shall be residents of the district, or of any incorporated or\nunincorporated area served by the district in the county in which the\ndistrict was originally established, who shall be appointed by the county\njudge/executive with the approval of the fiscal court. Initial appointments\nshall be for terms of two (2), three (3), and four (4) years, as designated\nby the court;\n(b) Except as provided in paragraph (c) of this subsection, if a district formed\nin a single county extends its area to include territory in one (1) or more\nadjacent  counties, as  provided by  KRS  74.115, the  board  of\ncommissioners  shall be  appointed  by  the  appropriate county\njudges/executive, with the approval of the respective fiscal courts of the\nconcerned  counties as follows: in two (2) county districts, three (3)\nmembers  from the original district and  two (2) members  from the\nextended portion of the district; for extensions into three (3) or more\ncounties, the respective county judges/executive, with the approval of the\nrespective fiscal courts, shall appoint, in addition to the existing\nmembership  of the commission, two (2) members  from the original\none-county district and two (2) members  from the newly extended portion\nof the district. Orders establishing the extension shall provide for the\nstaggering of initial terms in an equitable manner; and\n(c) If a district acquires an existing water or gas distribution system serving\nan area which extends beyond the boundaries of the district into one (1)\nor more additional counties, or if a district extends its area to include\nterritory in one (1) or more adjacent counties as provided by KRS  74.115,\nit may operate the distribution system so acquired, or extended, without\nadding additional board members, if the new area to be served shall be\ndeemed  to be a minor portion of the total area served by the district, and if\nthe fiscal court of the county containing the minor portion of the total area\nshall have agreed to the acquisition or to the extension of the distribution\nsystem. If less than twenty-five percent (25%) of the total assets of the\ndistribution system are located within any particular county included in the\nterritorial boundaries of the district, it shall be conclusively presumed, with\nrespect to that particular county, that the district comes within the terms of\nthis subsection.\n(2) A  commissioner may be removed from office as provided by KRS  65.007 or\n74.025.\n(3) A  commissioner who participates in any official action by the water district\nboard of commissioners which results in a direct financial benefit to him or her\nmay  be removed from office as provided by KRS 65.007 or 74.025.\n(4) Vacancies shall be filled by the same appointing authority which is empowered\nto make the original appointment. Vacancies resulting from cause other than\nexpiration of the term  shall be  filled for the unexpired term  only.\nNotwithstanding KRS  67.710, a vacancy resulting from the expiration of a term\nor the death, resignation, or removal of the incumbent shall be filled by the\nPublic Service Commission if, within ninety (90) days following the vacancy, the\nvacancy has not been filled by the appropriate county judge/executive with\napproval of the fiscal court.\n(5) The  commission shall elect a chairman, vice chairman, secretary, treasurer,\nand  any other officers and assistant officers as the commission may  deem\nnecessary, each of whom  shall be members  of the commission. Any two (2) or\nmore  offices may be held by the same person, except that the chairman may\nnot hold any other office. Each commissioner shall execute a bond for the\nfaithful performance of the duties of his or her position.\n(6) Each  commissioner shall receive an annual salary of not more than thirty-six\nhundred dollars ($3,600), which shall be paid out of the water district fund,\nexcept that beginning January 1, 1999, and subject to subsection (9) of this\nsection, each commissioner who  completes during an educational year a\nminimum  of six (6) instructional hours of water district management  training\napproved by the Public Service Commission may receive an annual salary of\nnot more than six thousand dollars ($6,000) to be paid out of the water district\nfund. An educational year shall begin on January 1 and end on the following\nDecember  31. In the case of single-county districts, which shall be deemed  to\ninclude districts described in subsection (1)(c) of this section, the salary shall\nbe fixed by the county judges/executive with the approval of the fiscal court; in\nmulticounty districts, it shall be fixed by the agreement between the county\njudges/executive with the approval of their fiscal courts. In fixing and approving\nthe salary of the commissioners, the county judge/executive and the fiscal\ncourt shall take into consideration the financial condition of the district and its\nability to meet its obligations as they mature.\n(7) (a) Except as provided in subsection (9) of this section, in order to receive an\nincrease in salary as  specified in subsection (6) of this section,\ncommissioners shall successfully complete six (6) instructional hours of\nwater  district management  training annually. The  training shall be\napproved and paid for by the water district of the county the commissioner\nrepresents. Those commissioners not required to complete the six (6)\ninstructional hours shall be reimbursed for the cost of instruction if they\nchoose to complete the water district training.\n(b) The Public Service Commission shall be responsible for the regulation of\nall water district management  training programs for commissioners of\nwater  districts, combined  water, gas, or sewer  districts, or water\ncommissions.\n(c) The Public Service Commission shall encourage and promote the offering\nof high quality water district management  training programs that enhance\na water district commissioner's understanding of his or her responsibilities\nand  duties. The  commission shall, no later than January 1, 1999,\nestablish standards and procedures to evaluate, accredit, and approve\nwater district management  training programs.\n(8) (a) At least once annually, the Public Service Commission shall provide or\ncause  to be conducted a program of instruction, consisting of at least\ntwelve (12) hours of instruction, that is intended to train newly appointed\ncommissioners in the laws governing the management  and operation of\nwater districts and other subjects that the Public Service Commission\ndeems  appropriate. The  commission  may  charge  a  reasonable\nregistration fee to recover the cost of the programs and may  accredit\nprograms of instruction that are conducted by other persons or entities\nand that the commission deems equivalent to its program of instruction.\n(b) Within twelve (12) months  of his or her initial appointment, each\ncommissioner shall complete the program of instruction described in\nparagraph (a) of this subsection. Except as provided in subsection (9) of\nthis section, any commissioner who fails to complete the program within\ntwelve (12) months of his or her initial appointment shall forfeit his or her\noffice and all right to act in discharge of the duties of the office. A\ncommissioner required to attend a program under this subsection shall be\nreimbursed for the cost of instruction by his or her water district.\n(9) The Public Service Commission may grant a reasonable extension of time, not\nto  exceed  six (6) months, for completing the training requirements of\nsubsections (6), (7), and (8) of this section for good cause shown.\n(10)(a) Within thirty (30) days of the occurrence of a vacancy on its board of\ncommissioners resulting from the expiration of a term or the death,\nresignation, or removal of the incumbent, a water district shall notify in\nwriting the Public Service Commission of the existence of the vacancy.\nThe notice shall include the name of the commissioner who last held the\nposition and the date on which the unexpired term will end.\n(b) Within thirty (30) days of the appointment of a commissioner and the\nappropriate fiscal court's approval of that appointment, a water district\nshall notify the Public Service Commission of the appointment. The notice\nshall include the appointed person's name and the date of the expiration\nof his or her term.\n(11) The  Public Service Commission may promulgate administrative regulations in\naccordance with KRS  Chapter 13A  to implement the requirements of this\nsection.","path":["KRS Chapter 74"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50717","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:34Z","sha256":"32fc9370a97295c50deffd5150a9d8a1192dd7d07d4b269a4eb7bfb3b49b1a6e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-74.015","next":"us-ky/krs-74.025"},"notice":"GroundRules: Original legal text. Not legal advice."}