GRANTS PASS IRRIGATION DISTRICT
The Grants Pass Irrigation District was organized under the Oregon Re vised Statutes, Chapter 545 and 548, lawfully created by the vote of District residents on January 17, 1917, as filed and recorded on Page 568, Volume 5, Commissioners Court Record of Josephine County, Oregon, on January 29, 1917, to provide irrigation water to its patrons in Jackson and Josephine Counties.
IRRIGATION DISTRICT LAWS GENERALLY
The general law regarding Oregon’s irrigation districts is contained in Oregon Revised Statutes (ORS) Chapters 545 and 548. Irrigation districts are municipal corporations and public corporations generally under Oregon law. They are also “Districts” subject to the provisions of Oregon’s Special Districts Law (ORS Chapter 198) “except as othenuise specifically provided”. One may assume that if the irrigation district statutes do not specifically provide for a matter of governance, the special districts statutes may apply. If these By Laws in any way conflict with Oregon Law, then said laws shall control.
NAME AND LOCATION
A. NAME OF ORGANIZATION: The name of the organization shall be the Grants Pass Irrigation District, a quasi-municipality.
B. REGISTERED AGENT: The Manager shall be the registered agent of the District.
C. REGISTERED OFFICE: The Registered Office shall be located at 200 Fruitdale Drive, Grants Pass, Oregon, 97527
ARTICLE III: DISTRICT POLICIES
Article III omitted resolution# 2019-15- 12/12/19 byGPID Board vote.
ARTICLE IV: DIVISIONS OF THE DISTRICT
A. The Grants Pass Irrigation District is currently subdivided into five (5) divisions namely:
A. Division 1 All lands within the district boundary within Jackson County, Oregon, and continuing West to the intersection of the south bank of the Rogue River and the Grants Pass Parkway, continuing to the intersection of the Grans Pass Parkway and the west right of way line of Parkdale Drive; thence south to the northerly intersection of Fruitdale Drive; thence to the intersection of Gaffney Way; thence south along said West line of Gaffney Way to the intersection of the South line of Thelma Way; thence west to the East line of Skycrest Drive; thence south to the established boundary of the Grants Pass Irrigation District.
B. Division 2 All lands within the district boundary from the Josephine-Jackson County line, from the Rogue River north and west to 6th Street. Also that portion lying south of the Rogue River described as follows: Beginning at the South line of the Rogue River and the West line of the Grants Pass Parkway. Thence South to the West line of Parkdale Drive. Continue South along said West line of Parkdale Drive to the South line of the Grants Pass Irrigation Gravity Canal. Thence South-easterly to the West line of Gaffney Way. Thence South along the West line of Gaffney Way to the South line of Grandview Avenue. Thence East along the South line of Grandview Avenue to the West line of SkyCrest Drive. Thence South to the North line of Thelma Way. Thence along the North line of Thelma Way to the intersection of Gaffney Way. Thence North to the South line of the Gravity Canal. Thence North Westerly to the West line of Parkdale Drive, continue North along said West line back to the pint of beginning.
C. Division 3 All lands within the district boundary north of the Rogue River from 6th Street, west to the west boundary line of the district.
D. Division 4 All lands within the district boundary from 6th Street, south of the Rogue River and north of Hwy 199 (Redwood Hwy), west to the district boundary near the Applegate River.
E. Division 5 All lands within the district boundaries lying west of the following line and south of Hwy 199: beginning at the intersection of the south bank of the Rogue River and the Grants Pass Parkway; thence southerly to the intersection of the Grants Pass Parkway and the west right of way line of Parkdale Drive; thence south to the northerly intersection of Fruitdale Drive; thence easterly to the intersection of Gaffney Way; thence south to the intersection of Grandview Avenue; thence west to Skycrest Drive; thence south to the established boundary of the Grants Pass Irrigation District. (Amended 11/07/17)
ARTICLE V. ELECTORS:
1. Electors of the District include every person 18 years of age or older, whether a resident of the District or State or not, who is an owner or a vendee under a contract of purchase of land situated within the District and subject to the obligations of irrigation water charges or assessments of the District. ORS 545.002(3).
2. Drainage Service fee accounts are defined as those lands under con tract with the District to provide drainage service to said lands and do not qualify as electors of the District.
B. VOTING RIGHTS OF ELECTORS (ORS 545.007)
1. Multiple Ownership. If ownership is in estates by the entirety, ten ants in common, or in other cases of multiple ownership, only one vote shall be allowed on behalf of all the owners of each multiple ownership. The vote may be cast by any one of the multiple owners. When two or more persons attempt to cast a vote under this paragraph, only the vote of the person who first casts a vote shall be counted.
2. Corporate Ownerships. Any corporation may vote as a single owner of land through any officer or agent when the officer or agent is authorized to vote by the corporation and the written authorization is filed with the Secretary of the District.
3. General Partnership, etc. Any general partnership, limited partner ship or limited liability company may vote as a single owner of land through any general partner, member or agent when the general partner, member or agent is authorized to vote by the entity and written evidence of the authority of the general partner, member or agent is filed with the Secretary of the District.
4. Representative Ownerships. Any trustee of a trust, guardian, administrator or executor authorized to act as such of a person or estate owning land within the District shall be considered an owner of land for the purposes of the Irrigation District Law, when the owner in fee is not otherwise entitled to vote.
5. Weighted Voting. An owner of land or elector may vote according to the total amount of acreage within the District owned by the owner or elector that is subject to the charges or assessments of the District on the basis of:
a. One vote for up to 40 acres.
b. Two votes for 40.01 acres up to and including 160 acres.
c. Three votes for 160.01 acres and over.
C. TERMINATION AS ELECTOR. One ceases to be an elector if one is no longer an owner of land within the District subject to charges or assessments of the District.
1. Elections of Board Members shall be conducted as nearly as possible as provided by Irrigation Law and the general election laws of the State of Ore gon. Except when conducted by mail ballot, the election shall be conducted as provided in ORS 545.135 to 545.153. [See Appendix].
a. Mail Ballot Elections. Upon resolution adopted by the Directors, any regular or special election may be conducted by mail as provided in ORS 545.163.
b. Special Elections. A special election may be called by resolution of the Directors at any time an election is required or permitted by law. Such election shall be conducted as required by any law providing for the election, and otherwise, as nearly as practicable, as provided by ORS 545.135 to 545.163.
c. Absentee Voting. Electors of the District shall be entitled to vote by absentee ballot.
2. Elections shall be held the second Tuesday in November each year or as prescribed by Irrigation Law.
ARTICLE VI. DIRECTORS
A. BOARD OF DIRECTORS. The affairs of the District shall be managed by the Board of Directors. Directors must be residents of the State of Oregon and an owner, or shareholder of a corporate owner of land within the District. ORS 545.221.
B. POSITIONS AND TERM OF OFFICE :
1. The Board of Directors shall consist of five (5) members serving a three (3) year, staggered term from the first Tuesday in January next after the Director’s election/ appointment, and until a successor is elected and qualified. Thus, if a Director’s term has ended, but a successor has not qualified, the old Director continues to serve in the office until a qualified successor is elected or appointed.
a. Division 1: Term expires December 31, 2021 and every three (3) years thereafter.
b. Division 2: Term expires December 31, 2020 and every three (3) years thereafter.
c. Division 3: Term expires December 31, 2020 and every three (3) years thereafter.
d. Division 4: Term expires December 31, 2021 and every three (3) years thereafter.
e. Division 5: Term expires December 31, 2021 and every three (3) years thereafter.
2. Each Board Member will be identified by a division number. Division numbers shall be transferred to the successor of each Board Member.
3. A Board Member shall be elected/appointed from each division in the District.
4. In the event a Director resigns, his/her position shall be declared vacant by the remaining Board Members, any person from the same division shall be appointed for the period as prescribed by Irrigation Law.
1. No person elected or appointed to the Board shall be sworn in unless such person meets the following specific qualifications: (a) A resident of the State of Oregon and (b) a bona-fide owner, or a shareholder of a bona-fide corporate owner, of land in the division from which the Director is elected or appointed.
2. If questions exist regarding the eligibility of any candidate, the Board shall obtain an opinion from legal counsel prior to swearing in such person.
D. OATH OF OFFICE: Each newly elected or appointed Board Member shall take an oath of office at the Board Meeting prior to assuming the duties of the position.
1. If a Director resigns, dies or ceases to be a resident of the State of Oregon or ceases to be an owner, or shareholder of a corporation owner, of land that is subject to charges or assessments of the District situated in the division from which the Director was elected or appointed, the position of Di rector shall be vacant.
2. Vacancies on the Board shall be filled by appointment by a majority of the remaining members of the Board. If a majority of the member ship of the Board is vacant or if a majority cannot agree, the vacancies shall be filled promptly by the County Court or County Commission of Josephine County, Oregon.
3. The period of service of a person appointed to fill a vacancy shall expire on the day before the first Monday in January of the year next following the election at which a successor is elected.
4. The successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the ap pointment was made expires on the day before the first Monday in January after the election of a successor, the successor shall be elected to a full term. In either case, the successor shall take office on the first Monday in January of the year next following the election.
F. RECALL OF DIRECTORS. A Director may be removed from office only by recall as provided in ORS 545.189 and 198.410 to 198.440.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
A. MEETING THE NEEDS OF THE DISTRICT: It is the policy of the Board of Directors to exercise those powers granted to it, and to carry out those powers granted to it, and to carry out those duties assigned to it by law, in such a wayas to best meet the needs of the District.
B. FORMULATION AND INTERPRETATION OF DISTRICT POLICY: The most important activity of the Board is the formulation and interpretation of District policies. The Board shall establish policy, reserving to itself all authority and responsibility not expressly assigned to other District officers and personnel.
C. BOARD MEMBERS AUTHORIZED BY OFFICIAL BOARD ACTION ONLY: No individual Board member may speak for or act on behalf of the Board or District, except as authorized to do so by official Board action as recorded in the official minutes, guidelines or policies of the District.
D. ETHICAL STANDARDS: Board members act as representatives of the patrons of the District. Therefore, Board members shall adhere to the highest ethical standards in the conduct of District business. All Board members are mandated to use fiscal conservation.
E. BOARD MEMBER EDUCATION: In order to effectively carry out their duties, Board Members must be adequately informed. Members are encour aged to attend such conferences and other training programs as the Board may authorize.
OFFICERS OF THE BOARD OF DIRECTORS
A. OFFICERS: The officers of the Board shall be Chairman, Vice Chairman and Secretary; and such other officers as may be elected by the Board of Di rectors in accordance with these Bylaws and law. Such officers who are elect ed or appointed by the Board shall have such authority and perform such du ties as are designed from time to time by the Board. The same person may not hold more than one office.
B. ELECTION AND TERM OF OFFICE: The Board of Directors shall elect a Chairman and Vice-Chairman from their number, and shall appoint a Secre tary of the District, on an annual basis at the annual meeting of the Board, or as soon thereafter as practicable. At any annual meeting thereof, the Board may create such newoffices and elect new officers as they deem appropriate. Each officer shall hold office until such officer’s successor shall be elected or appointed.
C. VACANCIES: Any office of the District which becomes vacant prior to expiration of the normal term thereof for any reason, including resignation, removal, disqualification or death, may be filled by the Board for the unexpired portion of such normal term or until the next regular election, which ever comes first.
D. REMOVAL FROM OFFICE: The Board of Directors may remove any officer of the District at any time, provided they determine that such removal is in the best interests of the District.
E. DUTIES OF THE CHAIRMAN:
1. The Chairman of the board shall preside at meetings of the Board of Directors. The Chairman may sign, together with the Secretary or any other officer designated by the District, any contract, deed, mortgage, evidence of indebtedness or other document authorized to be executed by the Board of Di rectors, except where the Board of Directors, these Bylaws or applicable law has authorized execution by other parties. To the extent permitted by applicable law and these Bylaws, the Chairman shall have all powers and perform all duties incident to the Office of Chairman, or as otherwise designated by the Board.
2. The Chairman shall consult with the Manager regarding the preparation of each Board meeting agenda.
3. The Chairman shall have the same right as other members of the Board to discuss and to vote on questions before the Board.
4. The Chairman may call Special Meetings of the Board as described by the Oregon Public Meetings Law and Policy herein.
5. The Chairman of the Board may with the approval of the Board of Directors appoint such committees as may be necessary.
F. DUTIES OF THE VICE CHAIRMAN:
1. In the Chairman’s absence, or during any disability of the Chairman, the Vice Chairman shall have the powers and duties of the Chairman of the Board as prescribed in Policy herein. The Vice Chairman shall have such other powers and duties as a majority of the Board may from time to time determine.
G. DUTIES OF THE SECRETARY:
1. The Secretary shall keep the minutes of all meetings of the District and the Board and provide appropriate individuals with notice of such meetings; act as custodian of the corporate records and corporate seal; execute documents on behalf of the District as provided by these Bylaws, by authority of the Board or applicable law.
2. The Secretary shall collect all fees, charges and assessments of the District; shall be responsible for preservation and maintenance of all funds, securities and related items of the District, and shall maintain full and complete books of account with respect thereto.
3. The Secretary shall deposit funds of the District in such banks or other depositories and in such manner as is provided in these Bylaws, as directed by the Board, or as required by law.
4. The Secretary shall perform all duties and functions of Secretary in the conduct of District Elections as provided by law.
5. To the extent permitted or required by applicable law and these By laws, the Secretary shall have all powers and perform all duties incident to the Office of Secretary, or as otherwise designated by the Board.
6. Before handling or receiving any funds or collecting any charges or assessments or fees, the Secretary of the District shall obtain a good and sufficient surety bond by an authorized surety company, and in an amount that the Board may determine. The cost of the bond shall be paid by the District. (ORS 545.498)
MANAGER OF THE DISTRICT
A. QUALIFICATIONS: The Manager of the District shall be a competent, qualified individual and a resident of the State of Oregon . Educational and experience requirements shall be determined by the Board of Directors.
B. EMPLOYMENT OF MANAGER: The Manager of the District shall be employed full time by the Board of Directors and shall serve at the pleasure of the Board.
C. DISTRICT EXPENSES: All authorized expenses connected with the operation of the District shall be paid for by the District. The authorized purchase limit without prior Board approval shall be $10,000. [Amended 12/ 12/ 19]
D. DUTIES: The duties of the Manager of the District shall include:
1. The day-to-day operation of the District, and shall be further defined by the Board of Directors expressed at any duly called meeting.
2. Supervise the personnel of the District and have the authority to hire and terminate employment.
3. Annually review the District’s financial audit with District personnel prior to submitting the audit to the Board. The Manager shall send copies of the audit to the State and County agencies.
E. AUTHORIZED SIGNATURE: The Manager shall be authorized to sign on behalf of the Board of Directors, subdivision final plat mylars, Minor Land Partition Plats and other related plat maps as required by Planning Departments of Josephine and Jackson County Oregon in accordance with the Land Development Policies of the District. The Manager shall be authorized to des ignate the Assistant Manager or other personnel to sign on his behalf in his absence.
F. MEDICAL AND DENTAL INSURANCE: The Manager of the District, and his/her spouse and children, shall be covered, commencing on the first day of the month following the date the Manager of the District is determined to be a full-time employee.
G. RETIREMENT BENEFIT: The District participants in the Public Employees Retirement System (PERS) can work a total of 1032 hours (approximately 6 months) each year. The District contributes both the employee 6% and employer 6%. Anyone that is a seasonal worker can not work over 600 hours each year. Anything over 600 hours will be considered full time with PERS and will have to contribute to PERS for the employee.
CONTRACTS, CHECKS, DEPOSITS AND FUNDS
A. The Board may authorize any officer or officers, manager agent or agents of the District, in addition to the officers so authorized by these By laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the District, and such authority may be general or confined to specific instances.
B. CHECKS, OTHER INSTRUMENTS.
1. All authorized expenses connected with the operation of the District shall be paid for by the District. All checks, drafts, or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the District, shall be signed by such officer, officers, manager agent or agents and in such manner as shall be designated by the Board from time to time. In the absence of such designation, such instruments shall be signed by the Presi dent, or the Secretary of the District, or Assistant Manager.
2. All checks, drafts, or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the District in the amount of $500.00 or more shall have two (2) authorized signatures.
1. All funds of the District shall be deposited from time to time to the credit of the District in such banks, trust companies or other depositories as the Board may select. Where required by law, as with payments for bonded or contractual indebtedness, deposits shall be made to designated accounts.
BOOKS AND RECORDS
A. KEEP AND MAINTAIN: The District shall keep and maintain books and records of account, minutes of all meetings of the Board, and shall keep at its principal office a record giving the names of the owners of lands subject to the fees, charges and assessments of the District . In addition, the District shall keep and maintain, and make available for inspection, such records as may be required by federal and state law. All books and records of the District, not subject to exclusion under Oregon’s Public Records law, shall be open to pub lic inspection during business hours.
B. COPIES: All requests for copies of public records must be submitted in writing to the District Manager. The District will charge employee time and material fees for public information requests.
MEETINGS AND QUORUMS:
A. PUBLIC MEETINGS LAW: Meetings of the Board of Directors shall fol low the Irrigation District statutes, ORS 545.181 and 545.185, and Oregon’s Public Meetings Law, 192.610 to 192.710. See Appendix.
B. QUORUM AND VOTING REQUIREMENTS: A majority of the Board Members shall constitute a quorum for the transaction of business. All ques tions requiring a vote of the Board shall require a concurrence of a majority of the Board. ORS 545 .185.
C. ANNUAL MEETINGS:The annual meeting shall be held on the second Tuesday of January. The agenda shall include, but not limited to:
1. Selection of the Chairman and Vice Chairman
2. Selection of Banks
3. Selection of Committees and Members thereof
4. Fixing the day and time of the regular monthly meeting.
D. REGULAR MONTHLY MEETINGS: The Directors shall hold regular monthly meetings shall be held the second Thursday of each month at 10:00 9-a.m. in Room 157 of the Josephine County Courthouse (As Amended: 1/ 4 / 05) (Amended: 01/ 11/ 18) in the Board Meeting Room of the District Office at 200 Fruitdale Drive or at such other time as set by the Directors.
E. SPECIAL MEETINGS OF THE BOARD: Special Board meetings may be called by order of a majority of the Board. Five  days notice must be given by the Manager to the Board Members who do not join in the order. The order must specify the business to be transacted, and no other business may be considered unless all Board Members are present. ORS 545.185.
F. EMERGENCY MEETINGS: Emergency meetings may be called by the Manager or any board member when an actual emergency exists. ORS 192.640(3).
G. EXECUTIVE SESSIONS: The Board is authorized to meet in Executive Session, or Closed Session, in certain limited situations. ORS 192.660. [See Appendix]. Such sessions may follow or precede any regular or special meeting or may be called for a sole executive purpose. Such sessions shall be conducted as required by law. Final decisions and final actions resulting from Executive Session must be taken in a Public Session, not in the Executive Session.
H. QUORUM: Three  members shall constitute a quorum. The meeting shall be canceled and rescheduled if no quorum is reached. The media shall be notified as soon as possible of the cancellation and of the rescheduled date and time of the meeting.
I. VOTING: Each member of the board will be entitled to one  vote at all Board Meetings.
J. TELEPHONIC/ELECTRONIC MEETINGS: As allowed under the Public Meetings Laws, meetings may be accomplished by telephonic conference calls or “other electronic communications”. Such meetings are subject to all the provisions of the Public Meetings Law regarding notice and access. ORS 192.670(1).
K. NOTICES OF MEETINGS : ORS 192.640:
1. Annual and Regular Monthly Meetings: Notice of the time and place of a meeting is “reasonably calculated to give actual notice to interested persons including news media which have requested notice” shall be given. The notice shall also include an agenda or a list of the items to be considered at the meetings. Matters which may be considered at the meeting, however are not limited to those on the agenda or list.
News media who have requested notice must be given notice. Paid display advertising is not required, but press releases should be sent to local media. If the board is aware of persons having a special interest in a particular action, those persons generally should be notified.
2. Special Meetings: At least twenty-four hours [24 hours] notice must be given to the media and interested persons. Reasonable notice may require notification by telephone.
3. Emergency Meetings: Notice must be given “as is appropriate to the circumstances” although this phase is not defined. If sufficient time allows, attempted telephonic notice would seem appropriate.
4. Executive Sessions: If an Executive Session has been called during a regular, special or emergency meeting for which notice has already been given, the presiding officer must announce the statutory authority for the Executive Session before going into Closed Session. ORS 192.660(1).
L. PUBLIC PARTICIPATION: Subject to limited items, the right of the public to attend Board Meetings does not include the right to participate by public testimony or comment. The exceptions mentioned in the law are:
1. an opportunity for “public input” into the employment of a public officer,
2. an opportunity for “public comment” on standards to be used in hiring a chief executive officer, and
3. an opportunity for “public comment” on standards to be used in evaluating the employment-related performance of a chief executive officer.
M. MINUTES AND RECORD KEEPING:
l . The Public Meetings Law requires that written minutes be kept of all meetings, to include at least the following:
[a] Members present;
[b] Motions, proposals, resolutions, orders, ordinances, and measures proposed and their disposition;
[c] Results of all votes and the vote of each member by name. No secret votes may be taken;
[d] The substance of any discussion on any matter; and
[e] Subject to the Public Records Law, ORS 192.410 to 192.505, a reference to any document discussed at the meeting.
2. Verbatim minutes need not be taken. Tape recording is not required, although it may be helpful in the preparation of the minutes. After the minutes are prepared, the tape may be destroyed.
3. Executive Session minutes may be kept in the form of a tape record ing rather than written minutes.
0. BOARD MEETINGS:
1. Distribution of Materials to Board Members: The Agenda, the Financial Report, and Statement of Bills shall be provided to each member of the Board of Directors before each regularly scheduled Board meeting. At the same time, the Manager shall provide members detailed information relative to the Agenda, including existing Board policy pertinent to Agenda items.
2. Board Meeting Agenda: The Manager of the Board shall draft the Agenda after conferring with the Chairman of the Board. The following general order shall be observed:
[a] Call to Order;
[b] Roll Call by Chairman or designee;
[c] Approval of the Minutes;
[d] Approval of Invoices ;
[e] Visitors and their concerns;
[g] Attorney ‘s Report;
Li] Manager Report;
[k] Committee Report;
[l] Items not on agenda open to public, Board and staff participation;
[m] Agenda suggestions for future meetings from Board members and District personnel.
A. The fiscal year of the District shall be from January 1st to December 31st.
A. The Board shall provide a District Seal, which seal shall be in the form of a circle, and contain the name of the District and reference to the District as being a District in the State of Oregon.
FINANCIAL RECORDS AUDIT
A. ANNUAL AUDIT: The Board of Directors shall cause an annual audit of the District’s financial records.
B. MAIL TO SPECIFIC AGENCIES: A copy of the audit shall be sent to the following agencies:
1. Recorder’s Office
Josephine County Courthouse
Grants Pass, OR 97526
2. Recorder’s Office
Jackson County Courthouse
Medford, OR 97501
3. State of Oregon
Division of Audits
Salem, OR 97310
EMPLOYEE FIDELITY INSURANCE
A. COVERAGE: The District shall secure and maintain an employee fidelity bond coverage covering all persons having authority to disburse or receive monies for the accounts of the District.
PUBLIC RECORDS LAW
A. RECORDS SUBJECT TO DISCLOSURE: The Oregon’s Public Records Law, ORS 192.410 to 192.505 apply to the District. [See Appendix].
GOVERNMENT ETHICS LAWS
A. APPLICABLE LAW: Oregon’s Government Ethics Laws apply to Irrigation District Board Members. ORS Chapter 244. [See Appendix]. Among the applicable provisions are:
1. District Board Members shall not “use or attempt to use [their] official position or office to obtain financial gain or avoidance of financial detriment that would not otherwise be available but for the public official’s holding of the office position”. ORS 244 .040 (1 )(a ).
2. District Board members shall not attempt to further their person a1 gain through the use of confidential information gained in the course of or by reason of the official position or activities of the public official in any way. ORS 244.040(4).
B. CONFLICT OF INTEREST: The conflict of interest provisions of ORS 244.120(2) apply to Board Members . If the Board Member has a potential conflict of interest, the Board Member must announce publicly the nature of the conflict prior to taking any action thereon. If the Board Member has an actual conflict, the Board Member must announce the conflict and refrain from participating in discussion, debate and voting on the issue. There is an exception to refraining from voting if the Board Member’s vote is necessary to meet a requirement of a minimum number of votes to take official action .
“Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of [an action which would affect to the same degree a class consisting of an industry, occupation or other group including one of which or in which the Board Member, etc. is associated, is a member or is engaged]. ORS 244.020(7)
Thus, if all irrigations are affected similarly, there may be no conflict .
“Actual conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person’s relative or any business with which the person or a relative of circumstances described in Subsection (8)(a) to [c] of this Section [relating to certain gifts]. ORS 244.020(1).
The Irrigation District Law, ORS 545 .365 states that no Board Member or employee of the District may purchase or be interested in any contract for purchase of lands sold by the District.
AMENDMENT TO BYLAWS
A. POWER TO AMEND OR REPEAL: The Bylaws may be amended, or re pealed and new Bylaws adopted by a majority of the Board at any regular an nual meeting thereof, or at any duly noticed and constituted meeting thereof.
RESOLUTION 2019- 15
IN WITNESS WHEREOF AND IN APPROVAL AND ADOPTION OF THE
FOREGOING BY-LAWS, the authorizing Directors of this corporation have
hereunto set their hands and seals this day of
CARL HANHART, DIVISION #5
JIM HUTIEMA DIVISION # 1
KEN HANNUM, DIVISION #2
RANDALL HECKER, DIVISION #3
JOHN GROVES, DIVISION #4
1. Article VI: DIRECTORS (A) adjust term dates of the Board members for Division #1 thru Division #5. [Amended 12/12/19]
2. Article IX: MANAGER OF THE DISTRICT: C) District to adjust the authorized purchase limit without prior Board approval shall be $10,000. [Amended 12/12/19]
3. Article XII: MEETINGS AND QUOARUMS: (D) Regular Monthly Meetings to be amended from Josephine Courthouse to District Board Meeting room at the Districts office at 200 Fruitdale Drive Grants Pass. [Amended 01/04/05]
4. Article IV: DIVISIONS OF THE DISTRICT: (B) Adjustment of Division 2 boundaries to be amended to Lands from Jackson County line West to 6th Street and Highway 238. [Amended 12/7/2017]
5. Article XII: MEETINGS AND QUARUMS: Regular meeting time moved from 10:00 a.m. to 9 a.m. [Amended 01/18/18]
6. Article Ill : DISTRICT POLICIES omitted by Board vote [12/12/19]