Section 45-28A-41.20 Authorizing Referendum Election.

(a) Pursuant to Amendment 659 to the Constitution of Alabama of 1901, now appearing as Section 104.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Gadsden City Council shall call an authorizing referendum election regarding changing the Gadsden City Board of Education to an elected city board of education. (b) If a majority of the qualified electors of the municipality voting in the authorizing referendum election vote in favor of an elected city board of education, the board shall be established as provided in this subpart and the Legislature, as provided in Amendment 659, from time to time, by local law may provide further for the election and operation of the Gadsden City Board of Education. The local laws may provide for the termination of the terms of office of members of the existing city board of education; the composition of the city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; compensation; and any other matter that the Legislature determines necessary for the operation of the board. (c) The question on the ballot shall read as follows: “Do you favor changing the Gadsden City Board of Education from an appointed to an elected board? “Yes (___) No (____).” (d) If a majority of the qualified electors of the municipality voting in the authorizing referendum vote against an elected city board of education, the current board shall continue to operate as provided by law and the remaining portions of this subpart shall have no further effect. (e) The official charged with conducting municipal elections shall conduct this election. The city shall pay any costs and expenses not otherwise reimbursed by a governmental agency which are incidental to the election. The official shall report the results of the election to the State Board of Education as provided in Amendment 659.