(1) NUMBER OF COMMISSIONERS. (a) Except as provided in par. (b), the commission shall consist of 3 or 5 members. (b) If the town board constitutes itself as the commission, the number of commissioners shall be the number of town board supervisors. (2) TERMS. (a) Except as provided in pars. (b), (bm), and (c), commissioners shall serve for staggered 6-year terms. (b) Except as provided under par. (c), of the commissioners in a district in which the town board changes the number of commissioners from 5 to 3 or of the commissioners first appointed or elected in a newly established town sanitary district, which consists of 3 members, one shall be appointed or elected for a term of 2 years, one for a term of 4 years and one for a term of 6 years. If the commissioners first elected in a newly established town sanitary district are elected at a special election, the town board shall specify shorter staggered terms for the commissioners so that their successors may be elected at a regular spring election. (bm) Except as provided under par. (c), of the commissioners in a district in which the town board changes the number of commissioners from 3 to 5 or of the commissioners first appointed or elected in a newly established town sanitary district, which consists of 5 members, 2 shall be appointed or elected for a term of 2 years, 2 for a term of 4 years, and one for a term of 6 years. If the commissioners described in this paragraph are first elected at a special election, the town board shall specify shorter staggered terms for the commissioners so that their successors may be elected at a regular spring election. (c) If the town board constitutes itself as the commission, the terms of the commissioners are concurrent with the terms of the town board supervisors. (d) An elected commissioner shall hold office until the 3rd Monday of April in the year that his or her successor is elected. An appointed commissioner shall hold office until a successor takes office. (3) RESIDENCE; REQUIREMENT TO OWN PROPERTY. (a) Except as provided in par. (b) or (c), all commissioners shall be residents of the town sanitary district. (b) If commissioners are elected or appointed and if the sanitary district is composed primarily of summer resort property, any of the commissioners may be a resident of the district. Any commissioner who is not a resident shall own property within the town sanitary district. (c) If the town board constitutes itself as the commission, par. (a) does not apply. (4) VACANCIES. Any vacancy on an elective or appointive commission may be filled by appointment by the town board for the remainder of the unexpired term, except as provided in s. 9.10. Any vacancy on a commission consisting of town board supervisors remains vacant until a successor town board supervisor is appointed or elected. (5) OATH OF OFFICE. Before assuming office, each commissioner shall take and sign the oath of office required under s. 19.01 and file the oath with the town clerk.
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