Joe Foutch’s term as a member of the DeKalb Utility District Board of Commissioners is expiring August 31.
During its regular monthly meeting Thursday, July 2 the DUD board is expected to certify a list of nominees to the county mayor to fill the position which may also include the name of Foutch for reapppointment. A DUD customer may submit a name to the District General Manager for consideration on the nominee list at least one week prior to the July 2 meeting
As WJLE first reported last year when DUD board members Jimmy Womack and Roger Turney were up for reappointment, by law the DUD board must submit the names of three nominees to fill each position, listed in order of preference.
Under the law, a customer may also submit names for consideration by the DUD board for the list of nominees.
The general provisions of Tennessee Code Annotated (State Law) TCA ยง 7-82-307 provide that the utility board members must submit three nominees, listed in order of preference, to the county mayor (where the vacancy exists). The county mayor has the authority to appoint one of the nominees to the vacant position on the board or reject all of the nominees. If the county mayor rejects all three nominees, then the board of (utility) commissioners has to submit three additional nominees to the county mayor for consideration. If the county mayor rejects these nominees, then the process would continue until the position is filled. There are, however, exceptions to these general provisions in the statute. Any order either appointing or rejecting a list of nominees shall be entered of record on the minutes of the county legislative body and a certified copy of the order shall be furnished to the board of (utility) commissioners and to the appointee; provided, that upon the rejection of any entire list of nominees by the county mayor, the board of (utility) commissioners shall continue to submit new nonidentical lists of three (3) nominees to the county mayor within sixty (60) days after each such rejection until such procedure shall result in the vacancy being filled for the remainder of the term or for the new term, as provided in this section.
The DUD Board is made up of five members, three from DeKalb County (Jimmy Womack, Joe Foutch, and Hugh Washer), one from Cannon (Roger Turney), and one from Smith County (Danny Bass). The terms are staggered. All terms are for four years.