AGO 2005-099.

• Case Date: April 05, 2005
• Court: Alabama

Alabama Attorney General Opinions 2005. AGO 2005-099. 2005-099April 5, 2005Honorable Doug GheeCleburne County Attorney Ghee & Draper Post Office Box 848 Anniston, Alabama 35202 Water and Fire Protection Authorities - Boards of Directors - Residence Requirements - Vacancies - Quo Warranto If a director of the Cleburne County Water and Fire Protection Authority ("Authority") moves outside the service area of the Authority or the director's residence becomes part of the service area of an expanding municipal authority, the director is ineligible to serve on the Authority's board, and the director's position becomes vacant. The director's position on the Authority's board became vacant at the time that the director no longer lived and owned property in the Authority's service area. The director should immediately resign from his or her position. If the director does not resign, the county commission, with the advice of its attorney, can institute a quo warranto proceeding against the individual.Dear Mr. Ghee: This opinion of the Attorney General is issued in response to your request on behalf of the Cleburne County Commission. QUESTION 1 If a duly appointed director of the Cleburne County Water and Fire Protection Authority either moves to an area outside the service area of the Authority or has his or her residence encompassed by the service area of an expanding municipal authority, must the director's position be deemed vacated due to the individual becoming ineligible to continue serving in that capacity, or may the director continue to serve out his or her current term? FACTS AND ANALYSIS You stated that the Cleburne County Water and Fire Protection Authority was created pursuant to sections 11-88-1 through 11-88-135 of the Code of Alabama. Section 11-88-6(d) of the Code of Alabama provides that "[e]ach director elected by a county governing body shall be a duly qualified elector of that county and shall be resident of and the owner of real property in that part of the service area of the authority which lies within that county. . . ." Ala. Code § 11-88-6(d) (Supp. 2004). Section 11-88-6(d) requires that a director of a water, sewer and fire protection authority be: (1) a qualified elector of the county and (2) the owner and resident of real property located in the area served by the authority. Opinion of the Attorney General...