§ 14-94-108 — Removal of board members

(a) When the owners of two-thirds (2/3) in assessed value of the real property located within any district shall sign a petition stating that the petitioners believe it to be in the best interest of the district that the board, or any member thereof, be removed and shall file the petition with the governing body, the governing body shall set a date for a hearing on the petition and shall give notice of the hearing by one (1) publication in a newspaper of general circulation in the district at least ten (10) days before the date of the hearing. (b) (1) The purpose of the hearing shall be to determine the sufficiency of the petition. (2) Any property owner of the district may appear and present evidence either in support of or against the sufficiency of the petition. (c) If, after hearing, based upon the evidence presented, the governing body shall determine that the petition is signed by at least two-thirds (2/3) in assessed value of the real property owners in the district, the governing body shall immediately adopt a resolution removing the member of the board in accordance with the petition and appoint some property owner in the district or creditor of the district as a successor to fill the vacancy created by his removal. (d) No member of the board shall be liable for any damages unless he or she shall have acted with a corrupt intent.

Legislative History

Acts 1987, No. 113, § 23; 1989, No. 276, § 3; 1995, No. 1127, § 4.