§ 1265. Administration, appointment, and election of board members.

(a)

The district created pursuant to this Act shall be administered by a board composed of up to nine members to be appointed and elected as provided by this Act. Two board members shall be appointed by the governing authority of DeKalb County; the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The appointed board members shall serve at the pleasure of the governing authority of DeKalb County which appointed such members. The initial elected board members shall serve for terms of office as follows: two shall serve for two years, and three shall serve for four years. If authorized by proper action of the board, at the first date for election of board members in 2005, or at any future biennial caucus of electors as provided in subsection (b) of this section, there shall be added up to two additional elected board members, for a total number of up to nine board members. Of the additional authorized elected board members, if necessary to provide staggered terms, one shall serve for two years, and one shall serve for four years. Thereafter, all terms of office for all elected board members shall be for four years.

(b)

The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolution and the obtaining of the written consents provided by this Act at such time and place within the district as the Board of Commissioners of DeKalb County shall designate after notice thereof shall have been given to said electors by:

(1)

Publishing such notice in the legal organ of DeKalb County as provided by this Act; and

(2)

Contacting each elector by United States mail at the address indicated in the property tax rolls.

Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in DeKalb County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the remaining members of the board shall by majority vote, within 60 days, appoint an elector to fill the vacancy. A board member appointed by majority vote of the board to fill a vacancy shall only serve until the next regularly scheduled election, regardless of the actual duration of the unexpired term of the board member vacating the position. At no time shall the board include more than two members who were appointed by other board members. If a vacancy does occur while two board members appointed by other members of the board are currently serving, then a special election shall be called to fill the unexpired term as provided for in this subsection. If a vacancy occurs for which a special election is required, the board shall, within 60 days thereof, call such election to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by:

(1)

Publishing notice thereof in the legal organ of DeKalb County, on four dates, at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election; and

(2)

Sending by United States mail a notice to each elector at least 31 days prior to such election at the address indicated in the property tax rolls.

(c)

One board member shall be elected by majority vote of the electors present and voting at the caucus on the basis of one vote for each elector. Said board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed and to terms of office of four years thereafter. The remaining elected board members shall be elected by a majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 or fraction thereof in assessed value of the real property owned by the elector subject to taxes, fees, or assessments levied by the board. Except as provided in subsection (b) of this section, all vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat.

(d)

The elected board members shall be subject to recall as are any other elected public officials by the electors defined by this act [division].

(e)

Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status.

(f)

The board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one (1) of their members as chairperson and another as vice-chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a member of the board.

(g)

If the boundaries of the district are subsequently changed after the creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within the boundaries of the district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act [section 1269 of this division].

(Acts 1998, p. 4228, § 5; Acts 2005, p. 3507, § 1; Acts 2009, p. 3549, § 2)