BB 9223 — FILLING VACANCIES

Bylaws of the Board BB 9223(a)

FILLING VACANCIES

Events Causing a Vacancy

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

1. The death of an incumbent. (Government Code 1770)

2. The adjudication pursuant to a quo warrant to 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 the office for the remainder of the term.
(Government Code 1770)

3. A Board member's resignation. (Government Code 1770)

A vacancy resulting from resignation occurs when the written resignation is filed
with the County Superintendent of Schools having jurisdiction over the District,
except where a deferred effective date is specified in the resignation so filed, in
which case the resignation shall become operative on that date. A Board member
may not defer an effective date of resignation for more than 60 days after the date
the resignation is filed with the County Superintendent. Upon being filed with the
County Superintendent, a written resignation, whether specifying a deferred
effective date or otherwise, shall be irrevocable. (Education Code 5090, 5091)

4. A Board member's removal from office, including recall. (Elections Code 11384.
Government Code 1770)

5. A Board member's ceasing to be a resident of the District. (Government Code
1770)

6. A Board member ceases to inhabit the trustee area represented on the Board. (58
Ops.Cal.Atty.Gen. 888(1975))

7. A Board member's absence from the state for more than 60 days, except in the
following situations: (Government Code 1064, 1770)

a. Upon District business with the approval of the Board.

b. With the consent of the Board for an additional period not to exceed a total
absence of 90 days.
 BB 9223(b)
FILLING VACANCIES (cont.)

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.

c. 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 his/her 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.

8. A Board member's ceasing to discharge the duties of his/her 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. (Government Code 1770)

9. 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. (Government Code 1770, 3000-3003)

10. A Board member's refusal or neglect to file his/her required oath within the time
prescribed. (Government Code 1770)

(cf: 9224 - Oath or Affirmation)

11. The decision of a competent tribunal declaring void a Board member's election or
appointment. (Government Code 1770)

12. 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. (Government Code 1770)
 BB 9223(c)
FILLING VACANCIES (cont.)

13. A failure to elect when either no candidate or an insufficient number of
candidates have filed to run for a Board seat(s). (Education Code 5090, 5326,
5328)

Timelines for Filling a 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 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)

3. When a vacancy occurs outside of the statutory time windows identified in items
#1 and #2 above, 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. (Education Code 5091, 5093)

Eligibility

In order to be appointed or elected to fill a vacancy on the Board, a person must meet
the eligibility requirement specified in Education Code 35107.
(cf: 9220 - Governing Board Elections)

Provisional Appointments

When authorized by law to make a provisional appointment to fill a vacancy on the
Board, the Board shall advertise in the local media to solicit candidate applications or
nominations. A committee consisting of less than a quorum of the Board shall ensure that
applicants are eligible for Board membership and announce the names of eligible
candidates. The Board shall interview the candidates at a public meeting, accept oral or
written public input, and select the provisional appointee by a majority vote.
(cf. 9130 - Board Committees)
(cf. 9323.2 - Actions by the Board)
 BB 9223(d)
FILLING VACANCIES (cont.)

Within 10 days after the appointment is made, the Board shall post notices of the actual
vacancy, or the filing of a deferred resignation, and the provisional appointment. The
notice shall be published in the local newspaper pursuant to Government Code 6061
and posted in at least three public places within the District. (Education Code 5092)

The notice shall contain: (Education Code 5092)

1. The date of the occurrence of the vacancy or the date of the filing of, and the
effective date of, the resignation.

2. The full name of the appointee.

3. The date of 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
within 30 days of the provisional appointment, it shall become an effective appointment.

The person appointed shall hold office until the next regularly scheduled election for
district Board members and shall be afforded all the powers and duties of a Board
member upon appointment. (Education Code 5091)

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. (Education
Code 5328)

(cf. 9100 - Organization)

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.
 BB 9223(e)
FILLING VACANCIES (cont.)

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. (Education Code
5328.5)

The procedure for selecting and interviewing candidates shall be the same as the
procedures for "provisional appointments," as specified above.

Legal Reference:
EDUCATION CODE
5000-5033 Elections
5090-5095 Vacancies
5200-5208 Districts governed by boards of education
5300-5304 Elections
5320-5329 Order and call of election
5340-5345 Consolidation of elections
5360-5363 Election notice
5420-5426 Cost of elections
5440-5442 Miscellaneous provisions, elections
35107 Eligibility of board members
35178 Resignation with deferred effective date
ELECTIONS CODE
10600-10604 School district elections 11381-11386 Candidates for recall
GOVERNMENT CODE
1064 Absence from state
1770 Vacancies: definition
3000-3003 Forfeiture of Office
3060-3075 Removal other than by impeachment
6061 One time notice
54950-54963 The Ralph M. Brown Act
PENAL CODE
88 Bribery, forfeiture from office
UNITED STATES CODE, TITLE 18
704 Military medals or decorations
ATTORNEY GENERAL OPINIONS
58 Ops.Cal.Atty.Gen. 888 (1975)

Management Resources:
CALIFORNIA SCHOOL BOARDS ASSOCIATION PUBLICATIONS
Filling a Board Vacancy, rev. December 2010
WEBSITES
California School Boards Association: www.csba.org
California State Attorney General's Office, Quo Warranto Applications:
ag.ca.gov/opinions/quo_warranto.php

Chino Valley Unified School District
Bylaw adopted: August 17, 1995
Revised: May 7, 2009
Revised: April 5, 2012
Revised: October 16, 2014
Revised: February 2, 2023