Board Policy Manual

San Jacinto Unified School District

Bylaw 9223: Filling Vacancies Status: ADOPTED

Original Adopted Date: 01/08/2008 | Last Revised Date: 02/09/2023 | Last Reviewed Date: 02/09/2023

Events Causing a Vacancy

A vacancy on the Board of Trustees may arise from any of the following events:
1. The death of an incumbent. (Government Code 1770)
2. The adjudication pursuant to a quo warranto 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 his/her 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 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, by recall. (Government Code 1770; Elections Code11000)

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. However, a vacancy does not arise when the district adjusts the trustee area boundaries or changes from “at-
large” to “by-trustee area” election method during a Board member’s term.
8. A Board member's absence from the state for more than 60 days, except in any of 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
c. 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.

d. 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
9. 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 during the 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.
10. A Board member's ceasing to discharge the duties of the 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)
11. A Board member's conviction of a felony or any offense involving a violation of official duties or conviction of a
 designated crime resulting in a forfeiture of office. (Government Code 1770, 3000-3003)
12. A Board member's refusal or neglect to file the required oath or bond within the time prescribed. (Government
Code 1770)
13. The decision of a competent tribunal declaring void a Board member's election or appointment. (Government
Code 1770)
14. 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)

15. A "failure to elect" when 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 within four months of 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 the person 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 filling of the member’s deferred resignation, either order
an election or make a provisional appointment. (Educational Code 5091, 5093)
Eligibility
In order to be appointed or elected to fill a vacancy on the Board, a person must meet the eligibility requirements
specified in Education Code 35107.as described in BB 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 the 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.
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
4. 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 of Schools 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)
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)
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. 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.