- Reference: Education Code Section 5090 et seq.; Government Code Section 1770, 6061
Vacancy Filled by Election
When the Board determines to fill the vacancy by election, the election shall be held on the next regular election date not less than 130 days after the occurrence of the vacancy.
Vacancy Filled by Appointment
When the Board determines to fill the vacancy by appointment, the President/Superintendent shall assure that there is ample publicity to and information for prospective candidates. Publicity shall include posting in three public places in the District and publication in a newspaper of general circulation.
The posted notice of vacancy shall include directions regarding applications or nominations of legally qualified candidates. Persons applying or nominated must meet the qualifications required by law for members of the Board.
Persons applying for appointment to the Board shall receive a letter from the President/Superintendent containing information about the District and the Board, and including a candidate information sheet to be completed and returned by a specific date.
The Board may request personal interviews with candidates. Interviews will be conducted in a public hearing scheduled for that purpose.
Each Board member will review all candidate information sheets, with final selection made by a majority vote of the Board members at a public meeting called for that purpose. The appointment would be considered provisional at this time.
Whenever a provisional appointment is made, the Board shall, within 10 days of the provisional appointment, post notices of both the actual vacancy or the filing of a deferred resignation and the provisional appointment in three public places in the District. It shall also publish a notice in a newspaper of general circulation.
The notice shall state the fact of the vacancy or resignation and the date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. It shall also contain the full name of the provisional appointee to the board, the date of appointment, and a statement that unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment.
A provisional appointment confers all powers and duties of a governing board member upon the appointee immediately following his or her appointment.
Term of Office
A person appointed to fill a vacancy shall hold office only until the next regularly scheduled election for governing board members. An election shall be held to fill the vacancy for the remainder of the unexpired term.
A person elected at an election to fill the vacancy shall hold office for the remainder of the term in which the vacancy occurs or will occur.
Adopted: April 2011