8131 Vacancy on Board of Education

Adoption Date: 10/17/2001 Reviewed 03/20/17
8000 - Internal Board Policies
Organization
8131 Vacancy on Board of Education

Resignation
A member of the Board of Education may resign his/her office by filing his/her resignation with the District Clerk. The effective date of the resignation must be within 30 days after the date of filing. In the alternative, a Board member may resign by filing a written resignation with the Superintendent which becomes effective upon approval of the Superintendent and filing with the District Clerk.

Removal
A member of the Board of Education may be removed from office for willful violation or neglect of duty, or for willfully disobeying a decision, order or regulation of the Commissioner of Education in accordance with the law.

Vacancy
A vacancy on the Board may be declared if it is clearly established that a Board member has failed to attend three consecutive meetings without sufficient excuse or if a Board member has changed his/her legal residence from that of the School District or has another position which creates a conflict of interest with the position of Board member (e.g., Town Supervisor).

Filling of Vacancy
When a vacancy occurs on the Board of Education, the Board will take action on a method to fill the Board seat within ninety (90) days of the effective date of the vacancy. The Board may, by a majority of the total number of Board seats, appoint a qualified person to fill any vacancy or call for a special election to fill the vacancy. If a vacancy is filled by Board appointment, the person appointed shall hold office only until the next annual election of Board members. If the vacancy is filled by election, the person elected shall hold office for the full unexpired term of the vacated seat. 

Should the Board choose to fill the seat by Board appointment and no candidate receives a majority vote, the Board may then call for a special election, unless the special election would occur sixty (60) days or less prior to the petition period for the next general election.

Policy References:
Education Law § § 1709(17, 2105(4), 2113 

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