§ 3-40. Administration, appointment, and election of board members.

(a)

Each district created pursuant hereto shall be administered by a board composed of nine board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the mayor; two members shall be appointed by the president of the city council (one of whom shall be the current chairperson of the finance committee of the city council); and 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 city governing body for terms in office not to exceed four years. The initially elected board members shall serve for terms of office as follows: one-half thereof, or one less than half if an odd number, shall serve for two years, and the remaining board members shall serve for four years, respectively. Thereafter, all terms of office shall be for four years, including the appointed board members who serve at the pleasure of the city governing body.

(b)

The initial board members to be elected as provided above shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing body of the municipality shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Fulton or DeKalb counties, or both, as hereinafter provided. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Fulton or DeKalb counties, or both, 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 board shall, within 60 days thereof, call a special election to fill the same 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 publishing notice thereof in the legal organ of Fulton County or DeKalb County, or both, on four dates, at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election.

(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. Five board members shall be elected by 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 property owned by the elector subject to taxes, fees, or assessments levied by the board. 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 board members shall be subject to recall as any other elected public official by the electors hereinabove defined.

(e)

Board members, including appointed board members (with the exception of the chairman of the finance committee of the city council), 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 of their members as chairman and another as vice-chairman 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)

O.C.G.A. tit. 21, ch. 2 (O.C.G.A. § 21-2-1 et seq.), known as the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office occur of a district board member and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.

(1991 Ga. Laws, page 3653, § 5)