Filling Vacancies

MJUSD
DIVISION 9000
BYLAWS OF THE BOARD

FILLING VACANCIES

A vacancy on the Governing Board may occur for any of the events specified in Government Code Section 1770, or by failure to elect. The Governing Board shall, within sixty (60) days of the date of the vacancy or the filing of the deferred resignation, either order an election for the next established election day (but not less than one hundred thirty [130] days after the occurrence of the vacancy or filed written resignation) or make a provisional appointment to fill the vacancy (E.C. 5091). There shall be no election and no appointment if the vacancy occurs within four (4) months of the end of the term of that position and the incumbent is not reelected to fill the position (Education Code 5093[a]).

In order to enhance fairness and objectivity in appointing a person to fill a Board vacancy, the Governing Board shall post notice of the vacancy or deferred resignation in at least three (3) public places in the District, and in appropriate news media, and invite the applications or nominations of any legally qualified citizen of the District who is interested in serving on the Board. All those named as possible candidates will receive a letter from the Board President, with a candidate information sheet to be completed and returned to the Board by a specified date. Candidates will be encouraged to seek additional information about the time requirements and responsibilities of Board services. After names of candidates are announced, additional input will be accepted from any patron of the District either directly in writing to the President, or at a public meeting. Candidates will be evaluated on the basis of how well they represent the entire community and on their commitment to student welfare. The Board may request personal interviews with candidates at a regular or special governing board meeting. All candidate information sheets will be screened by each Board member, with final selection made by majority vote of the Board members at a regular Board meeting or a special meeting called for such purpose.

After the provisional appointment is made, the Governing Board shall, within ten (10) days after the appointment, post notices of the provisional appointment in at least three (3) public places in the District, and publish a notice pursuant to Government Code Section 6061, unless there is no newspaper of general circulation in the District. The posted and published notices shall contain the full name of the appointee, the date of the appointment, and a statement that unless a petition calling for a public election, containing a sufficient number of signatures, is filed in the Office of the County Superintendent of Schools within thirty (30) days of the date of the provisional appointment, it shall become an effective appointment (Education Code 5092).

A person appointed to fill a vacancy shall hold office only until the next regularly scheduled election for District Governing Board members, whereupon 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.

Legal Reference:
Education Code
5012 Declaration of candidacy or nomination
5090-5095 Vacancies
5328 Appointment of governing board member

First Reading: 3/10/01

Governing Board Adoption: 4/11/01

(Former BP 9420)

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