§ 10-2-409. Boundary commission -- Creation -- Members.

(1) The legislative body of each county:

(a) may create a boundary commission on its own initiative at any time; and

(b) shall create a boundary commission within 30 days of the filing of a protest under Section 10-2-407.

(2) Each commission shall be composed of:

(a) in a county with two or more municipalities:

(i) two members who are elected county officers, appointed by:

(A)

(I) in a county of the first class operating under a form of government in which the executive and legislative functions are separated, the county executive with the advice and consent of the county legislative body; or

(II) in a county of the first class operating under a form of government in which the executive and legislative functions of the governing body are not separated, the county legislative body; or

(B) in a specified county, the county legislative body;

(ii) two members who are elected municipal officers from separate municipalities within the county, appointed by the municipal selection committee; and

(iii) three members who are residents of the county, none of whom is a county or municipal officer, appointed by the four other members of the boundary commission; and

(b) in a county with only one municipality:

(i) two members who are county elected officers, appointed by the county legislative body;

(ii) one member who is a municipal officer, appointed by the governing body of the municipality; and

(iii) two members who are residents of the county, neither of whom is a county or municipal officer, appointed by the other three members of the boundary commission.

(3) At the expiration of the term of each member appointed under this section, the member's successor shall be appointed by the same body that appointed the member whose term is expiring, as provided in this section.

Amended by Chapter 206, 2001 General Session