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GP118 – Midterm Vacancies on the Board

Effective: 09/25/2012
Revision: 4/25/17

Should a midterm vacancy or pending vacancy by resignation occur on the Board of Education, that Board member position will be filled by appointment by the Board.  The term of the appointment shall be for the remainder of the vacated or pending vacated term except as otherwise provided in section A in accordance with Utah Code 20A-1-511.

  1. A vacancy or pending vacancy by resignation on the Board shall be filled by an interim appointment, followed by an election to fill a two-year term if:
    1. The vacancy on the Board occurs, or a letter of resignation is received by the Board, at least 14 days before the deadline for filing a declaration of candidacy; and
    2. Two years of the vacated term will remain after the first Monday of January following the next Board of Education election.
    3. Members elected under this subsection shall serve for the remaining two years of the vacated term and until a successor is elected and qualified.
  2. The procedure to fill a vacancy or pending vacancy by resignation through appointment by the Board shall be:
    1. Meeting: The Board shall fill a vacancy or pending vacancy by resignation in a public meeting.
    2. Notice: Public notice of the vacant position or pending vacant position will be posted on the District website, at the District Office and on the Utah Public Notice Website and provided to at least one local newspaper or local media correspondent at least two weeks before the Board meets to fill the vacancy. Such notice shall identify the position the Board will fill by appointment and the date the vacancy occurred or will occur; identify the date, time, and place of the meeting where the vacancy or pending vacancy by resignation will be filled; and identify the person to whom a person interested in being appointed to fill the vacancy may submit his or her name for consideration and any deadline for submitting it.  The notice will indicate that an interested person will be required to submit an application and may designate a contact person or persons to whom inquiries may be directed.
    3. Application:  Each applicant for a Board vacancy or pending vacancy by resignation shall submit a written application to the Board President at the address of the District Office.  The application must meet the following requirements:
      1. The written application must be submitted no later than six (6) business days before the scheduled meeting where the vacancy or pending vacancy by resignation will be filled.
      2. The written application must contain the name, address, email and telephone number of the person seeking the appointment and any other information the applicant desires to include. The notice of vacancy or pending vacancy by resignation or an application form (if the Board elects to provide a form) may specify additional information to be provided by the applicant.
      3. The applicant must submit written proof in the application that the applicant is a registered voter and resides in the election precinct where the vacancy or pending vacancy by resignation occurs.
      4. The Board President shall arrange for copies of all the applications to be provided to each member of the Board at least five days prior to the interview of the candidate.
    4. The Board President shall provide the District Administration with a list of the applicants by name and address for public information.  The District may provide public notice of the list of applicants.
    5. Interview:  Each qualified applicant shall be interviewed by a majority of the Board at a public meeting scheduled in accordance with the Open and Public Meeting Act:
      1. The President shall arrange the oral interview schedule and inform each Board member and applicant of the time, date, and location of the oral interviews. Where practicable, this shall be done at least five days in advance.
      2. The Board interview of each applicant shall be in an open meeting. The Board may not discuss any applicant in a closed meeting nor may the Board discuss filling the vacancy or pending vacancy by resignation in a closed meeting.
      3. Board members who will vote on the appointment shall not communicate with any applicant outside of the Board interview until the vacancy or pending vacancy by resignation has been filled by the Board.
    6. Voting:  A majority of the Board shall fill the vacancy or pending vacancy by resignation at a public meeting scheduled in accordance with the Open and Public Meeting Act to consider and vote on the vacancy. The vote may be on the same agenda as the interview of the applicants. The vote shall proceed as follows:
      1. Nomination of Applicant
        1. Each applicant nominated by a Board member must receive a second.
        2. Any applicant not receiving a second to the nomination may be placed in nomination a subsequent time when no other applicant has received a majority vote of the Board to fill the vacancy or pending vacancy by resignation.
      2. Voting for the Applicants
        1. Voting shall be by raise of the hand.
        2. The applicant to receive the approval of a majority of the members of the Board present shall be appointed to fill the vacancy or pending vacancy by resignation.
    7. Withdrawal of Application:  Any applicant may withdraw his or her application for the vacancy or pending vacancy by resignation at any time.
    8. A Board member who submits a letter of resignation may not rescind the resignation after the Board makes an appointment to fill the pending vacancy by resignation. An individual appointed to fill a pending vacancy by resignation may not take office until after the vacancy has occurred.
    9. Before assuming any duties the newly appointed Board member shall take the Oath of Office as set forth in Utah Constitution Article IV, Section 10.
    10. If the Board fails to make an appointment within 30 days after a vacancy occurs, the county legislative body, or municipal legislative body in a city district, shall fill the vacancy by appointment.
  3. Definitions
    1. “Vacancy” means the absence of a person to serve in any position created by statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause as set forth in Utah Code 20A-1-102(83).
    2. A “pending vacancy by resignation” means the vacancy which will occur at a future date specified in a letter of resignation submitted by a Board member to the Board as allowed for in Utah Code 20A-1-511(4).
    3. A “temporary absence for qualified military leave” as set forth in Utah Code 20A-1-513 is not a vacancy to be filled under this policy.

 

Revision history: 11/15/2016