BB 9223 — Filling Vacancies

Section: 9000 - Board Bylaws
Status: Active

Adopted: 2014-04-08

Revised: 2025-09-25

Policy text

FILLING VACANCIES

Events Causing a Vacancy

A vacancy on the Governing Board may occur for any of the following events:

The death of an incumbent
The adjudication pursuant to a quo warranto proceeding declaring that an incumbent is physically or mentally incapacitated due to disease, illness, or accident and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of their office for the remainder of their term
A Board member’s resignation in accordance with Board Bylaw 9222 - Resignation
A Board member’s removal from office, including by recall
A Board member’s ceasing to be a resident of the district
A Board member’s absence from the state for more than 60 days, except in the following situations:
1. Upon district business with the approval of the Board
2. With the consent of the Board for an additional period not to exceed a total absence of 90 days
  
  In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for absence from the state may be extended by the Board.
3. For federal military deployment, not to exceed an absence of a total of six months, as a member of the armed forces of the United States or the California National Guard If the absence of the Board member for this purpose exceeds six months, the Board may approve an additional six-month absence upon a showing that there is a reasonable expectation that the member will return within the second six-month period, and the Board may appoint an interim member to serve in their absence. If two or more members of the Board are absent by reason of these circumstances, and those absences result in the inability to establish a quorum at a regular meeting, the Board may immediately appoint one or more interim members as necessary to enable the Board to conduct business and discharge its responsibilities. The term of an interim member appointed in these circumstances shall not extend beyond the return of the absent Board member or beyond the next regularly scheduled election for that office, whichever occurs first
4. If the absence of the Board member for this purpose exceeds six months, the Board may approve an additional six-month absence upon a showing that there is a reasonable expectation that the member will return within the second six-month period, and the Board may appoint an interim member to serve in their absence. If two or more members of the Board are absent by reason of these circumstances, and those absences result in the inability to establish a quorum at a regular meeting, the Board may immediately appoint one or more interim members as necessary to enable the Board to conduct business and discharge its responsibilities. The term of an interim member appointed in these circumstances shall not extend beyond the return of the absent Board member or beyond the next regularly scheduled election for that office, whichever occurs first.
A Board member’s ceasing to discharge the duties of their office for the period of three consecutive months, except when prevented by illness, or when absent from the state with the permission required by law.
A Board member’s conviction of a felony or any offense involving a violation of his/her official duties or conviction of a designated crime resulting in a forfeiture of office
A Board member’s refusal or neglect to file their required oath or bond within the time prescribed
The decision of a competent tribunal declaring void a Board member’s election or appointment
A Board member’s commitment to a hospital or sanitarium as a drug addict, dipsomaniac, inebriate, or stimulant addict by a court of competent jurisdiction, in which case the office shall not be deemed vacant until the order of commitment has become final
A “failure to elect” in which no candidate or an insufficient number of candidates have filed to run for a Board seat(s)

Timelines for Filling a Vacancy

When a vacancy occurs, the Board shall take the following action, as appropriate:

When a vacancy occurs within four months of the end of a Board member’s term, the Board shall take no action.
When a vacancy occurs from six months to 130 days before a regularly scheduled Board election at which the position is not scheduled to be filled, a special election to fill the position shall be consolidated with the regular election. The person so elected shall take office at the first regularly scheduled Board meeting following the certification of the election and shall serve only until the end of the term of the position which he/she was elected to fill.
When a vacancy occurs any time outside of the statutory time windows identified in Items #1 and #2 above, the Board shall either order an election or make a provisional appointment within 60 days of the date of the vacancy or the filing of the member’s deferred resignation, whichever is sooner.

Eligibility for Appointment

In order to be appointed or elected to fill a vacancy on the Board, a person must meet the eligibility requirements specified in law and as set forth in BB 9220 - Governing Board Elections.

Provisional Appointments

When, as authorized by law, the Board has opted to make a provisional appointment to fill a vacancy on the Board, the Board, by resolution, may approve the procedures for selecting the person to be provisionally appointed to fill the vacancy. These procedures may, but are not required to, include the following:

1. Advertising in the local media to solicit candidate applications

2. Establishing a committee consisting of less than a quorum of the Board to ensure that applicants are eligible for Board membership and announce the names of the eligible candidates

3. Interviewing the candidates at a public meeting

Within 10 days after the Board makes a provisional appointment to fill a Board vacancy, the Superintendent or designee, on behalf of the Board, shall post a notice of the actual vacancy, or the filing of a deferred resignation, and the provisional appointment. The Superintendent or designee shall post the notice as follows per Education Code 5092:

In three public places in the district
On the district’s website
In a newspaper or a general circulation published in the district

The notice shall contain
- The fact of the vacancy or resignation
- The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation
- The full name of the provisional appointee to the Board and the date of the provisional appointee’s appointment

A statement notifying the voters that unless a petition calling for a special election pursuant to Education Code 5091 is filed in the office of the County Superintendent of Schools within 30 days of the provisional appointment, the appointment shall become effective

The person appointed shall only hold office until the next regularly scheduled election for district Board members.

If within 30 days of the Board’s appointment, registered voters of the district or, where elections are by trustee areas, of the trustee area submit a petition for special election which the County Superintendent determines to be legally sufficient, the provisional appointment is terminated, and a special election shall be held in accordance with Education Code 5091 to fill the vacancy.

Appointment Due to Failure to Elect

When a vacancy occurs because no candidate or an insufficient number of candidates have been nominated (i.e., a failure to elect) and a district election will not be held, the Board shall appoint a qualified person to the office. This appointment shall be made at a meeting prior to the day fixed for the election, and the appointee shall be seated at the organizational meeting as if elected at the district election.

When an appointment is being made because of a failure to elect, the district shall publish a notice once in a newspaper of general circulation published in the district, or if no such newspaper exists, in a newspaper having general circulation within the district. This notice shall state that the Board intends to make an appointment and shall inform persons of the procedure available for applying for the appointment.

When, as authorized by law, the Board seeks to make an appointment because of a failure to elect, the Board, by resolution, may approve any additional procedures for selecting the person to be appointed to fill the vacancy.