9100: Filling Vacancies9100: Filling Vacancies holly Mon, 07/22/2019 - 14:07
A. School Board Vacancies:
A position on the Board shall be vacant, except as provided in Neb. Rev. Stat.§32-561 for military service, upon the happening of any one of the following events at any time before the expiration of the term of such office:
1) Resignation of the incumbent;
2) Death of the incumbent;
3) Removal of the incumbent from office;
4) Decision of a competent tribunal declaring the office of the incumbent vacant;
5) Incumbent ceasing to be a resident of the District;
6) Failure to elect at a proper election when there is no incumbent to continue in office until his or her successor is elected and qualified;
7) Failure of a candidate elected to the Board to qualify for such office;
8) Forfeiture of office as provided by law;
9) Conviction of a felony or of any public offense involving the violation of the oath of office of the incumbent;
10) Incumbent on the Board assuming another elective office as provided in subsections (2) and (3) of Neb. Rev. Stat. §32-604.; or
11) When a Board member is absent from the District for a continuous period of sixty days at one time or from more than two consecutive regular meetings of the Board unless excused by a majority of the remaining members of the Board.
B. Filling a School Board Vacancy:
1) A vacancy on the Board resulting from any cause other than the expiration of a term shall be temporarily filled by appointment of a qualified registered voter by the remaining members of the Board for the remainder of the unexpired term. A registered voter appointed or elected pursuant to this subsection shall meet the same requirements as the member whose office is vacant.
2) If the Board fails to fill a vacancy on the Board, the vacancy may be filled by election at a special election or school district meeting called for that purpose. Such election or meeting shall be called in the same manner and subject to the same procedures as other special elections.
3) If there are vacancies in the positions of a majority of the members of the Board, the Secretary of State shall be requested to conduct a special school district election to fill such vacancies.
Neb. Rev. Stat. §32-560; 32-561; 32-570
9100.1: School Board Vacancies - Procedure for Filling9100.1: School Board Vacancies - Procedure for Filling holly Mon, 07/22/2019 - 14:10
When a vacancy exists on the Board it shall be filled as provided by law and by the following procedures.
1. At the first regular meeting of the Board after the vacancy exists, the Superintendent shall provide the legal qualifications for appointment to the Board, the length of the term remaining, and a proposed schedule for receiving applications for appointment to the vacancy.
2 The Board at that meeting shall establish the final date for filing of applications, which date shall be no sooner than 30 days after the publication of notice in a legal newspaper announcing the existence of the vacancy, qualifications for the position and inviting applications for appointment to fill the vacancy, and communication to the news media notifying the public of the existence of the vacancy and the final date for the filing of application to fill the vacancy.
3. The Board will establish the form applications shall take, including:
a) a resume containing routine personal data (name, address, telephone numbers, email, etc.) a summary of the candidates education and experience, and a statement indicating why they are qualified for appointment to the Board; and,
b) a petition signed by at least 50 (fifty) registered voters from the District, using a petition available from the Secretary of the Board.
4. Completed applications will be filed with Secretary of the Board no later than 4:30 pm on the date applications are due. The documents will be date stamped and reviewed for compliance with these procedures.
5. The Secretary of the Board will, in conjunction with the Douglas and Sarpy County Election Commissioners, review the petitions and determine if 50 or more registered voters of the District 17 have supported each applicant. The Board Secretary will notify each applicant whether their petition was valid or invalid.
6. The Secretary of the Board will forward copies of the resumes and petitions to each member of the Board as each eligibility determination is made. Unless more time is needed to verify the petitions, all resumes and petitions will be sent to Board members within seven days of the application deadline. Board members will review the resumes in the form they are received.
7. At the next regular meeting of the Board following the identification of all qualified candidates, if the number of candidates exceeds five, the list of candidates shall be reduced to five finalists. Each Board member shall vote for five candidates to be finalists for the position. The vote will be by roll call. Only persons submitting resumes and valid petitions may receive votes. The five candidates receiving the most total votes will be finalists for appointment. In the event of a tie for the fifth position, the Board will reconsider only those candidates tied for fifth in order to break the tie. Tie-breaking votes shall be by secret ballot.
8. The Superintendent shall notify, by telephone, all candidates as to whether they received sufficient support to become a finalist for the position.
9. At the next meeting of the Board Committee of the Whole following the selection of the finalists, the Board will interview the finalists. Approximately 30 minutes will be allowed for each candidate. The candidates will be asked to make a maximum five-minute statement concerning their qualifications, followed by a 25-minute question and answer period. The order of appearance of the candidates will be determined by a random drawing prior to publishing the meeting agenda.
10. The election of the new Board member will be placed on the agenda of the next regularly scheduled Board meeting following the interviews. The election will be by roll call from the names of the candidates interviewed without nominations from the floor. Voting will continue until one candidate receives a majority of votes. When the tally determines an applicant has been selected for appointment to the Board, the vote and the appointment shall be ratified by a roll call vote.
11. The Board’s legal counsel, with the assistance of the office of the Superintendent, shall oversee the conduct of the election and the tally of the votes. The ballots shall become a part of the records of the District.
School Board Office Vacancies - Procedure for Filling
Should a vacancy exist in one of the offices specified in District Policy 9111, the office will be filled at the next regular meeting of the Board using the procedure specified in Rule 9111.1.