A. Directors of a fire protection district shall be the surface owners of real property in and residents of the district and shall not be paid firefighters for the fire protection district.

B. At the time of making its order organizing the district, the board of county commissioners shall appoint three directors who shall hold their office until the next General Election, at which time their successors shall be elected. At the election, the qualified person receiving the highest number of votes for member of board of directors of the district shall hold office for the term of six (6) years. The qualified person receiving the next highest number of votes shall be elected for four (4) years, and the qualified person having the next highest number of votes shall be elected for two (2) years. Each two (2) years thereafter, there shall be elected for a term of six (6) years one member of said the board of directors.

C. 1. A board of directors may increase its membership to better insure both geographic and population representation to five (5), seven (7) or nine (9) members by resolution of the board. The size of the board may also be increased by a petition signed by fifty-one percent (51%) of the eligible members of the district. If a board of directors adopts such a resolution, the position of the original board which will be up for election at the next General Election shall be for a five-year term.

2. An additional two members shall be elected at a special election called for that purpose by the board of directors. The two qualified persons who receive the highest number of votes for the additional two positions shall be elected to serve until the next General Election.

3. All board members elected thereafter to a five-member board shall serve a term of five (5) years with elections held yearly. After the initial election of new board members, the terms shall be staggered so that no more than two member's terms expire per year.

D. The board of directors of the district shall submit, within fifteen (15) days before the filing period of any district election, a resolution to the secretary of the county election board conducting the election. The resolution shall contain the following:

1. The date of the election;

2. The offices to be filled or the questions to be voted upon at the election;

3. Qualifications for the offices;

4. The location of the polling place or places; and

5. Any other information necessary for conducting the election.

E. 1. The regular election in the district shall be held at the same time as the General Election in this state or on the second Tuesday in November in those years that a General Election is not held.

2. In those years that a General Election is not held the entire cost of the election shall be paid by the district. When the election is held at the same time as the General Election, the district shall pay only for the cost directly attributable to district election.

3. All polling places of precincts, all or any part of which include areas within the boundaries of the district, shall be supplied ballots for the purpose of permitting electors of the district to vote for members of the board of directors of the district.

4. Filing for the office of member of the board of directors shall be with the county election board on a nonpartisan basis from 8 a.m. on the first Monday after Independence Day until 5 p.m. on the next succeeding Wednesday each year. The payment of a filing fee shall not be required.

F. 1. Vacancies on the board shall be filled by the board of directors. In the event a vacancy occurs and the remaining members of the board are unable to make a decision on such vacancy within sixty (60) calendar days, the board of county commissioners shall immediately appoint a member to fill the vacancy. In the event the vacancies on the board are so numerous as to not provide a quorum, the board of county commissioners shall appoint as many members as are necessary to make a quorum.

2. All vacancies filled pursuant to the provisions of this subsection shall be filled until the next regular election, at which time a member shall be elected to serve the remainder of the unexpired term.

G. 1. The office of a member of the board of directors may be declared vacant by the board of directors if such member:

a.is absent from more than one-half (1/2) of all meetings of the board of directors, regular and special, held within any period of four (4) consecutive months,

b.ceases to be eligible for office pursuant to this section,

c.has a conviction in a court of any felony or crime involving moral turpitude,

d.uses alcohol, any stimulant, any drug or other substance which impairs intellect, judgment or physical ability to such an extent as to incapacitate the member to such a degree that the member is prevented from performing duties pursuant to Chapter 21 of this title, and

e.has a mental or physical weakness or inability which incapacitates the member to such a degree that the member is prevented from performing duties required pursuant to Chapter 21 of this title.

2. Vacancies determined pursuant to this subsection shall be filled pursuant to subsection F of this section after notice to the board member of such action and opportunity for a hearing.

3. Vacancies shall be determined at an official meeting of the board and shall be a specific agenda item.

4. Any appeal from a decision declaring an office vacant pursuant to this subsection shall be made to the district court within thirty (30) days of such determination.

Added by Laws 1949, p. 154, § 5. Amended by Laws 1982, c. 98, § 1, operative July 1, 1982; Laws 1983, c. 95, § 1, emerg. eff. May 9, 1983; Laws 1984, c. 265, § 1, eff. Nov. 1, 1984; Laws 1987, c. 150, § 2, emerg. eff. June 24, 1987; Laws 1992, c. 397, § 4, eff. July 1, 1992; Laws 1993, c. 316, § 4, eff. Sept. 1, 1993; Laws 1997, c. 221, § 1, eff. Nov. 1, 1997; Laws 1998, c. 357, § 3, eff. Jan. 1, 1999; Laws 2000, c. 132, § 1, emerg. eff. April 24, 2000; Laws 2015, c. 380, § 5, eff. Jan. 1, 2016; Laws 2019, c. 110, § 1, eff. Nov. 1, 2019; Laws 2019, c. 206, § 1, eff. Nov. 1, 2019.