Oklahoma § 19-901.5 - Board of directors - Elections - Vacancies

§ 19-901.5. Board of directors - Elections - Vacancies

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

Oklahoma Statutes - Title 19. Counties and County Officers

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

Oklahoma Statutes - Title 19. Counties and County Officers

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.

§19-901.5A. Election procedures in lieu of election procedures set

out in Section 901.5.

A. The board of directors of a fire protection district is

hereby authorized to adopt, by resolution, the election procedures

set out in this section in lieu of the election procedures set out

in Section 901.5 of Title 19 of the Oklahoma Statutes.

Oklahoma Statutes - Title 19. Counties and County Officers

B. The board of directors shall divide the fire protection

district into as many voting districts as there are members of the

board. Such voting districts shall, as nearly as feasible and

practical, follow clearly visible, definable and observable physical

boundaries which are based upon criteria established and recognized

by the Bureau of the Census of the United States Department of

Commerce for purposes of defining census blocks for its decennial

census and shall follow precinct boundary lines as nearly as

practical. Voting districts shall be compact, contiguous and as

equal in population as practical with not more than a ten percent

(10%) variance between the most populous and least populous

districts, according to the results of the most recent Federal

Decennial Census. The board shall redraw voting districts no later

than June 30 of any year in which the results of a Federal Decennial

Census are released which shows a population variance of more than

ten percent (10%) between the most populous and least populous

districts and at any time a board increases its membership pursuant

to subsection C of Section 901.5 of Title 19 of the Oklahoma

Statutes. The voting districts may not be redrawn at any other

time.

C. The registered voters of each voting district shall elect

one member of the board of directors of the fire protection

district. A member shall be required to be a registered voter of

the voting district which elects such member.

D. 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. Appointments to fill a vacancy pursuant to this section may

not result in more than two board members being residents of the

same voting district.

3. 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.

E. 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,

Oklahoma Statutes - Title 19. Counties and County Officers

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,

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, or

f.

has served the term for which elected and no person

has filed for election for the office of such member.

2. Vacancies determined pursuant to this subsection shall be

filled pursuant to subsection D 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.

F. Election procedures for the board of directors of a fire

protection district may not be changed between the procedures set

out in Section 901.5 of Title 19 of the Oklahoma Statutes and the

procedures set out in this section more often than one time in any

ten-year period.

G. If a board adopts the election procedures set out in this

section, all provisions of Section 901.5 of Title 19 of the Oklahoma

Statutes which are not in conflict with this section shall be

applicable.

Added by Laws 2000, c. 132, § 2, emerg. eff. April 24, 2000.