Alabama § 45-58-140.09 - Managing District Affairs and Business.

Full text of Alabama Code of Alabama § 45-58-140.09 — Managing District Affairs and Business., with citation guidance and answers to common questions.

§ 45-58-140.09. Managing District Affairs and Business.

(a) The affairs and business of the district shall be managed by a board of trustees consisting of five members who shall be elected by the qualified electors residing in the district. The current board members on May 25, 1999, elected at the general election in November 1996, shall serve until October 1, 2000, and the current board members elected at the general election in November 1998, shall serve until October 1, 2002, at which time the new board members elected pursuant to this part shall take office. The fire districts shall conduct the elections for board membership on the second Tuesday of September of every even year, to take office on October 1, of that year and every four years thereafter.

(b) No person shall be elected to the board unless he or she is a person who is a registered voter residing within the boundaries of the district. A person who desires to run for the board shall file a notice of candidacy for a place on the board with the judge of probate on or before July 15 preceding the election. The person receiving the highest number of votes for each place shall be the successful candidate. In the event of a tie vote, the top two candidates shall draw lots in the presence of the judge of probate to determine the winning candidate. In the event that there is only one candidate who qualifies to run for a place, the judge of probate shall certify the election of that candidate to that place and no election for that place shall be held.

(c) Each term shall be for a term of four years. Provided, however, that to stagger the terms, Place No. 1 and Place No. 2 initially shall be elected for a term of two years, and Places 3, 4, and 5 shall be elected for a term of four years, in the first election held after an election providing for the formation of a district created pursuant to this part. The initial election shall be conducted on the second Tuesday of September of the first even year after organization.

(d) In the event of a vacancy on the board of trustees, the place vacant shall be filled by the majority vote of the remaining membership of the board of trustees, for the unexpired term of the vacant position. A vacancy shall also be deemed to occur in the event there is a place for which no candidate has been nominated, and the vacancy for the new term shall be filled as provided for herein, except that the office holder whose term has expired shall continue to hold office until the vacancy is filled.

(e) The board of trustees shall elect annually from its own number a president, a vice president, and a secretary/treasurer. The members of the board of trustees shall not be entitled to any compensation for their services as trustees, but they shall be entitled to reimbursement for all reasonable expenses incurred by them in the performance of their duties. A quorum of the board shall consist of three members and a quorum shall be present in order for the board to transact business. The board may adopt rules, regulations, and by-laws to further provide for the operation of the district.

(f) The board of trustees shall provide for an annual audit of the district for the fiscal year of the district by an independent certified public accountant (CPA). The audit shall be completed within 180 days from the end of the district’s fiscal year. The audit report and financial statement shall be filed within 30 days of completion in the office of the judge of probate and shall be available for public inspection. Compliance with this subsection may be enforced by injunctive relief in the Circuit Court of Shelby County. A finding of failure of a fire district to comply with this subsection by the court shall result in the assessment of court costs and attorney’s fees to the prevailing parties.

Source: official Alabama text · Last verified 2026-08-27

Frequently Asked Questions About Alabama § 45-58-140.09

What does Code of Alabama § 45-58-140.09 cover?

Section 45-58-140.09 ("Managing District Affairs and Business.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Alabama § 45-58-140.09?

A common citation format is "Code of Alabama § 45-58-140.09" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Alabama law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.

How does Alabama § 45-58-140.09 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.