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Board Member Juliet Tiffany-Morales has submitted a
letter announcing her resignation, effective end of
business day March 10, 2016. Whenever a resignation
occurs, the governing board must either order an
election or make a provisional appointment, as
appropriate. The vacancy must be filled within 60
days of the date the resignation is filed with the
County Superintendent of Schools. A governing board
member may not defer the effective date of their
resignation for more than 60 days after the date
the resignation is filed.
OPTIONS TO FILL THE VACANCY:
When a vacancy occurs, the Board shall take the
following action, as appropriate:
1. When a vacancy
occurs less than four months before the end of a
Board member's term the Board shall take no
action. (Education Code 5093)
2. When a vacancy
occurs four or more months before the end of a
Board member's term, the Board shall, within 60
days of the date of the vacancy or the filing of
the member's deferred resignation, either order an
election or make a provisional appointment, unless
a special election is mandated as described in item
#3 below. (Education Code 5091, 5093)
3. 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. (Education Code
5093)
4. When the
special election described above is not required,
the Board may make a provisional appointment.
(Education Code 5091, 5093)
Based on the deferred resignation date of March 10,
2016, the Board has two options to fill the
vacancy:
- Provisional Appointment – The Board can
publically announce and advertise the vacancy and
accept community applications;
- The Board can order an election.
When a provisional appointment is made, the
registered voters of the District have 30 days
following the provisional appointment to petition
for a special election to fill the vacancy.
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.
The term of the vacant position expires in November
2016; therefore, the person appointed to fill the
vacancy will hold office through the date of the
next regularly scheduled election for district
governing board members, November 8, 2016. At
that time, an election will be held to fill the
seat.
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