§ 6-25. Administrative board.

(a)

Each district created pursuant hereto shall be administered by a board composed of a minimum of seven board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the Cobb County board of commissioners. One board member shall be appointed by the governing authority of each municipality, if any portion of the district lies within the incorporated area of such municipality, and three board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The board shall be seven in number plus one for each member appointed by the governing authority of each municipality as provided above. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 6, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1, 2 and 3 shall be cast by electors and votes for posts 4, 5, and 6 shall be cast by equity electors. The initial term of office for the members representing posts 1 and 4 shall be two years. The initial term of office for the members representing posts 2 and 5 shall be two years and the initial term of office of the member representing posts 3 and 6 shall be three years. Thereafter, all terms of office shall be for three years, except the appointed board members who serve at the pleasure of the governing body which appointed them, respectively.

(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 board of commissioners of Cobb County, or governing body of the municipality if the district lies wholly within the incorporated area thereof, shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Cobb County 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 Cobb 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 board member positions whose terms expire or are vacant. If a vacancy occurs in an election 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 Cobb County at least once each week for four weeks prior to such election.

(c)

Board members shall be subject to recall and the continued existence of the district or the continued existence of any one or more or any part thereof of the powers authorized to the district may be terminated as follows:

(1)

By election, called by a resolution of the board of commissioners of Cobb County;

(2)

By election, called by a resolution of the administrative board of the district;

(3)

By election, called by a petition of 20 percent of the electors or a petition by holders of 20 percent of eligible votes represented by equity electors;

(4)

Upon petition of either a majority of the electors within the district or a majority of the equity electors within the district, provided that, if the petition is for recall of an elected board member, the petition shall be from the category of voters who elected the board member;

(5)

Upon the termination of an agreement of cooperation. Termination is in the event such agreement of cooperation shall lapse (i.e., failure to reenact by the following December 31 after an existing agreement of cooperation shall expire on its own terms) or an affirmative resolution of rejection of an agreement or reenactment of an agreement of cooperation by any one of the necessary parties so that no agreement of cooperation is in force.

(d)

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.

(e)

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.

(f)

If the boundaries of a district are subsequently changed after 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 a then existing 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 6-29 hereof. If the boundaries of a district or municipality are subsequently changed after creation of a district to include land within the unincorporated area of Cobb County and the district originally had no land within the unincorporated area of Cobb County, the board of commissioners of Cobb County shall acquire the right to appoint a member of the board of the district upon entering into the cooperation agreement provided for in section 6-29 hereof. If by municipal annexation or by deannexation of land from a district, the district no longer includes land within the unincorporated area of Cobb County or within a municipality, respectively, then upon such occurrence the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member.

(g)

Chapter 2 of title 21 of the O.C.G.A. (O.C.G.A. § 21-2-1 et seq.), the Election Code of Georgia, 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 be 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.

(1985 Ga. Laws (Act No. 181), page 4009, § 5; 1988 Ga. Laws (Act No. 892), page 3887, §§ 5, 6; 1989 Ga. Laws (Act No. 182), page 4256, §§ 4, 5)