(1) MEMBERSHIP. A cherry marketing board
consisting of 5 affected producers is established to administer this order.
Board members shall be elected producers. Board members shall be nominated and
elected as prescribed in s.
96.10(1),
Stats. Notice of the secretary's decision for issuance of this marketing order
shall contain a call for nominations for election of board members to initial
terms of office. Nominations shall be filed not earlier than 58 days and not
later than 75 days after the secretary's call for nominations, and the election
held within 60 days after approval of the marketing order by referendum. A call
for nominations of affected producers for subsequent election to an expired
term of office on the marketing board shall be made by the board not later than
90 days before expiration of the term, and nominations shall be filed not later
than 60 days before the term of office expires. Elections to fill expired terms
of office shall be held within the 60-day period preceding expiration of the
terms of office. If no nominations are made by affected producers within the
times specified, the secretary or marketing board may extend the time period
within which nominations may be filed.
(2) TERM OF OFFICE; REMOVAL; VACANCIES.
(a) The board is reconstituted as of the
first election following July 1, 2015. For the initial terms of marketing board
members on the reconstituted board, the board members receiving the highest and
second highest number of votes shall hold office for a period of 3 years, the
board members receiving the third and fourth highest number of votes shall hold
office for a period of 2 years, and the board member receiving the fifth
highest number of votes shall hold office for a period of one year.
(b) All subsequent elections to the marketing
board shall be for 3-year terms.
(c) Each member of the marketing board shall
continue to be an affected producer during the term of office. Failure of a
board member to continue as an affected producer shall create a vacancy on the
marketing board.
(d) If a vacancy
occurs for any reason, the marketing board shall appoint an affected producer
to serve the remainder of the term of office.
(3) DUTIES. The duties of the marketing board
shall include:
(a) Adopt by-laws consistent
with the articles of incorporation, ch. 96, Stats., and this order.
(b) Develop and maintain administrative
services necessary for proper administration of this order.
(c) Protect the confidentiality of
information obtained under this order relating to the businesses of individual
producers or handlers.
(d) Develop
and recommend to the secretary administrative rules related to this
order.
(e) Receive, evaluate, and
report to the secretary complaints of violations of this order.
(f) Recommend to affected producers or to the
secretary amendments to this order.
(g) Develop procedures for collecting
assessments to cover expenses incurred in carrying out programs and the
administration of this order.
(h)
Collect such information and data as necessary for proper administration of
this order.
(i) Determine how funds
collected under this order are to be allocated.
(j) Prepare an annual statement on operations
of this order for the previous marketing year, including an audited financial
statement prepared independently or by the secretary.
(k) Maintain a bond on its officers and
employees in an amount of not less than 50% of the annual budget of this
order.
