Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 5 - IMPROVEMENT DISTRICTS GENERALLY (§§ 14-86-101 — 14-96-202) › Chapter 92 - SUBURBAN IMPROVEMENT DISTRICTS (§§ 14-92-101 — 14-92-603) › Subchapter 2 - SUBURBAN IMPROVEMENT DISTRICTS GENERALLY (§§ 14-92-201 — 14-92-240) › Section 14-92-209 - Removal of commissioners - Vacancies

(a)
A commissioner of a suburban improvement district established pursuant to this subchapter may be removed from office as follows:
(1)
An owner of realty within the district may petition the county court to call a public hearing for the purpose of the removal of a commissioner named in the petition and the election of a successor;
(2)
Upon determining that at least twenty-five percent (25%) of the number of owners of realty within the proposed district have signed the recall petition, the court shall call a public hearing on the matter and shall notify each owner of realty within the proposed district in the manner prescribed by §
14-92-204
, except that the notice shall be mailed by first class mail;
(3)
Upon the affirmative vote of a majority, but not less than twenty-five percent (25%) of all votes entitled to be cast, of all votes cast by owners in attendance, in person or by proxy, at the public meeting as recorded through the number voting "yea" and the number voting "nay", a commissioner named in the recall petitions may be removed;
(4)
The court shall at the meeting declare the commissioner removed and accept nominations for a successor commissioner;
(5)
(A)
The successor commissioner shall be nominated by a realty owner in attendance, in person or by proxy, at the public hearing.
(B)
The nominee shall meet the qualifications required of the commissioner originally elected; and
(6)
A successor commissioner shall be elected from among those so nominated at a subsequent public meeting called and held by the court in accordance with the provisions of §
14-92-204
, except that any required notice shall be mailed by first class mail.
(b)
(1)
A successor commissioner to fill a vacancy on the board of commissioners due to any other reason than proceedings under subsection (a) of this section shall meet the qualifications required of a commissioner and be nominated at a public hearing called by the county court within thirty (30) days of notification of the vacancy, and any required notice shall be mailed by first class mail.
(2)
The successor commissioner shall be elected at the public hearing by majority vote of the owners of realty present at the public hearing.
(c)
(1)
The provisions of subsection (a) of this section shall apply to a district in existence on March 16, 1981.
(2)
A vacancy created by the recall of a commissioner shall be filled in the manner as provided in subsection (a) of this section.
(d)
(1)
The provisions of subsection (b) of this section shall apply to a district in existence on March 16, 1981, and which is an improvement district in any city or incorporated town in this state established for the purpose of providing water or sewer services for municipal purposes.
(2)
Any other vacancy on the board of commissioners of any other district in existence on March 16, 1981, shall continue to be filled in the manner as provided by law prior to March 16, 1981.
Amended by Act 2021, No. 417,§ 1, eff. 7/28/2021.
Acts 1981, No. 510, § 8; A.S.A. 1947, § 20-743; Acts 1993, No. 492, § 1; 2007, No. 598, § 1; 2011, No. 1225, §§ 3, 4.