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    Section:
    Series 100:  Board Operations
    Code Title:
    FILLING BOARD VACANCIES
    Policy Code:
    133.00
    Adopted:
    March 22, 2016
    Reviewed:
    January 24, 2018
     
      
     
    Vacancies on the School Board shall be filled in accordance with state law and in substantial compliance with the procedural guidelines outlined in this policy.  Any person who fills a Board vacancy in an apportioned area must be a resident of the area in which the vacancy occurs.
     
    A qualified elector who is selected to fill a Board vacancy shall not take office unless and until he/she has taken and filed the oath of office. The oath shall be filed on or before any date or deadline that the Board establishes for the appointee to take office. Upon taking and filing the oath, the individual will file a campaign registration statement if required to do so by law.
     
    APPOINTMENT GUIDELINES
     
    During the sixty (60) days immediately following the date on which a vacancy first exists, the Board may fill the vacancy only by an appointment made by a vote of the remaining members of the Board.  Any such attempt to fill the vacancy shall be consistent with the following guidelines:
     
    1. The District Administrator, or his/her designee, shall give notice of the vacancy to the public. The notice shall include a deadline for applying to fill the vacancy. The deadline shall be at least fourteen (14) days after the date that the notice is first placed on the District website or otherwise first posted or published.
       
    2. Any qualified elector of the District who is interested in filling the vacancy may submit a letter of application (addressing qualifications and interest) to the office of the District Administrator. Applications received by the specified deadline are assured consideration. If one or no applications are received by the deadline, the Board President may direct the District Administrator to re-issue the solicitation of interest with the deadline for assured consideration extended by up to an additional fourteen (14) days. The Board President shall ensure that all Board members are informed of any such extension.
       
    3. On or before the date of the Board meeting at which the Board considers the potential appointees, each potential appointee shall also submit a sworn declaration of eligibility to hold the vacant board seat.
       
    4. The Board shall consider all of the identified potential appointees at a properly noticed meeting of the Board. Each potential appointee shall be given an opportunity to make a statement in support of their possible appointment to serve on the Board. The Board may ask questions of one or more of the potential appointees.
       
    5. Unless a majority of the Board approves the use of a roll call or voice vote, the possible selection of an appointee to fill the vacancy will proceed with the use of signed, written ballots. A standard majority of votes cast shall be required to make an appointment, with any vote for “none of the above” counting as a vote cast.
       
     
    If a vacancy has not been filled by an appointment made within 60 days of the date on which the vacancy first exists, the Board will attempt to fill the vacancy using the following procedure:
     
    1. If a duly-elected successor (i.e., elected at a Spring Election) will be taking office in the seat that is currently vacant within the next sixty (60) day period that follows the initial sixty (60) day period of the vacancy, no other appointee shall serve in the vacant seat in the interim.
       
    2. If the vacancy is not filled by the duly-elected successor in office pursuant to the previous paragraph, then at a regular Board meeting held no later than forty-five (45) days after the end of the initial sixty (60) day period of the vacancy, the Board shall attempt to appoint a qualified elector to fill the vacancy by a majority vote. If after five (5) rounds of voting the Board still has been unable to fill the vacancy, then the chairperson of the meeting shall declare a deadlock and immediately call for nominations in order to break the deadlock by the random selection of a nominee.
       
    3. A nominee must be a qualified elector who has submitted a sworn declaration of eligibility to fill the vacancy in question and who has not withdrawn from consideration. Each Board member who is present at the meeting may nominate, or support the nomination of, only one nominee.
       
    4. Each nominee, if any, whose nomination is supported by at least two (2) Board members (inclusive of the Board member who initially made the nomination) will be included in the random selection process. Any nominee selected as a result of the random process is thereby selected to fill the vacancy.
       
    5. If, for any reason (including the lack of any identified potential appointee), the vacancy is still unfilled one hundred and five (105) days following the date on which the vacancy first existed, then the procedures listed above shall be repeated at regular Board meetings held at approximately monthly intervals until either the vacancy is filled or there are fewer than sixty (60) days before a duly-elected successor will take office in the vacant seat.
       
     
    For purposes of this policy, a regular Board meeting is any Board meeting that is convened pursuant to lawful authority (e.g., a meeting scheduled by a specific vote of the Board, the regular monthly meeting(s) established by a Board decision or under a Board policy, etc.) other than a meeting that has been scheduled and convened upon the call or request of an individual board member.
     
     
    Legal References:
     
    Wisconsin Statutes
    [individuals holding a local office shall file a campaign registration statement]
    [board member resignations; how made]
    [cause of vacancies]
    [military leave vacancies]
    [clerk to provide notice of vacancies to school board]
    [filling school board vacancies]
    [oath of office]
    [reporting board member information to county clerks]
    [board member residency]
    [clerk to provide notice of appointment; timely oath required]
    [school board required to adopt a policy on filling vacancies not filled within 60 days of the date on which the vacancy first exists]
    [clerk to provide municipalities with names and addresses of new board members]