§ 14-284-208 — Order for establishment - Board of commissioners - Appointment - Compensation

(a) (1) If at an election a majority of the qualified electors voting on the question vote "FOR" the establishment of the proposed fire protection district and the levy of assessed benefits to support the district or if an ordinance of the quorum court establishing a district is sustained or if the board of commissioners of a suburban improvement district votes unanimously to convert to a fire protection district, the county court shall enter an order establishing the district as described in the petitions or ordinance and shall appoint five (5) qualified electors of the district as a board of commissioners for the district, unless it is otherwise provided for by law. (2) (A) Two (2) members of the commission shall be appointed for terms of two (2) years and three (3) members of the commission shall be appointed for terms of three (3) years. (B) All successor members shall be appointed by the county court for terms of three (3) years. (C) All appointments shall be subject to confirmation by the quorum court of the county. (b) The members of the boards of commissioners of fire protection districts formed after July 3, 1989, or converted from suburban improvement districts, under this subchapter shall be elected at a public meeting called by the county court. The commissioners shall be elected by the qualified electors residing within the district. (c) Vacancies occurring on the board because of resignation, removal, or otherwise shall be filled by the county court for the unexpired term. (d) The members of the board shall serve without compensation but shall be entitled to actual expenses incurred in attending meetings in an amount not to exceed fifty dollars ($50.00) per month for each member of the board as authorized by the quorum court of the county. (e) Members of the board may be removed from office by the county court for good cause shown. (f) (1) If the district includes territory from more than one (1) county, the board of commissioners shall be composed of seven (7) members. (2) The members of the board of commissioners of multicounty fire protection districts formed after July 3, 1995, under this subchapter shall be residents of the fire protection district and elected at a public meeting as agreed upon by the county courts in order to establish the time of the meeting and the place of the meeting being within the district. The commissioners shall be elected by the qualified electors residing within the district. (3) The members of the board of commissioners shall serve staggered terms. (4) Vacancies occurring on the board due to resignation, removal, or otherwise shall be filled by the remaining board members for the unexpired term. (5) (A) (i) Members of the board may be removed by a special election to be held within ninety (90) days after the presentation of a special election removal petition signed by ten percent (10%) of the assessed landowners or the assessed per parcel or per acre owners, with the removal of the board member to be determined by the majority votes of the votes cast in person by the assessed landowners or the assessed per parcel or per acre property owners. (ii) Each assessed landowner or assessed parcel or acre property owner shall have one (1) vote per paid assessment. (B) The election for the removal of board members shall be held at a meeting at a designated location within the fire protection district.

Legislative History

Acts 1979, No. 35, § 6; A.S.A. 1947, § 20-928; Acts 1989, No. 648, § 1; 1991, No. 350, §§ 1, 2; 1995, No. 766, § 2; 1997, No. 323, § 3; 2005, No. 2145, § 54; 2007, No. 1049, § 76; 2009, No. 765, § 1.