A vacancy requiring board action shall occur when the board member resigns, forfeits or otherwise leaves the office. A vacancy shall also include, but is not limited to, the following: failure to be properly elected, failure to qualify within time fixed by law, failure to reside in the school district and director district, a court order declaring the seat vacant, conviction of an infamous crime, three (3) violations of the open meetings law, and conviction of a public offense in violation of the oath of office.
If a vacancy does occur prior to the expiration of a term of office, the vacancy shall be filled by board appointment within thirty (30) days of the vacancy. The newly-appointed board member shall hold the position until the next scheduled school election. At that time the appointed board member may run for a four (4) year term, if one is available, or run for the remainder of the unexpired term.
If the board is unable to fill a vacancy by appointment within thirty (30) days after the vacancy occurs, the board secretary shall call a special election to be held no sooner than forty (40) days and not later than fifty (50) days after the vacancy occurs. The board member elected at the special election shall serve the remaining portion of the unexpired term.
Legal Reference: Iowa Code §§21.6(3)(d), 69, 277.28, .29, 279.6, .7 (1991)
Good v Crouch, 397 N.W.2d 757 (Iowa 1986)
Cross Reference: 201 Board of Directors Elections
202.1 Qualifications
202.3 Term of Office
Approved: 2-10-92
Reviewed: 7-10-23
Revised: 07-11-11
