TITLE 33

EDUCATION

CHAPTER 5

DISTRICT TRUSTEES

33-504.  Vacancies on boards of trustees. 

(1)(a)  A vacancy shall be declared by the board of trustees when any nominee has been elected but has failed to qualify for office, or within thirty (30) days of when any trustee:

(i)   Dies;

(ii)  Resigns as trustee;

(iii) Removes himself from his trustee zone of residence;

(iv)  Is no longer a resident or school district elector of the district;

(v)   Refuses to serve as trustee; or

(vi)  Without excuse acceptable to the board of trustees, fails to attend four (4) consecutive regular meetings of the board.

(b)  A vacancy shall exist when any trustee is recalled and discharged from office in accordance with section 34-1712, Idaho Code. Such vacancy shall occur at the time of certification of the special recall election and does not require the board of trustees to declare that a vacancy exists. Notwithstanding sections 34-1709 and 34-1712, Idaho Code, between the time of the special recall election and when the results of the special recall election are proclaimed, the trustee subject to the special recall election shall not be permitted to participate in any actions that would alter the structure of the board of trustees or create new contractual or financial obligations for the school district.

(2)  With the exception of recall, any declaration of vacancy shall be made at any regular or special meeting of the board of trustees, at which any of the conditions provided in subsection (1)(a) of this section are determined to exist.

(3)  The board of trustees shall appoint to such vacancy a person qualified to serve as trustee of the school district provided there remains in membership on the board of trustees a majority of the membership thereof, and the board shall notify the state superintendent of public instruction of the appointment. Such appointment shall be made within ninety (90) days of the declaration of vacancy. After ninety (90) days, if the board of trustees is unable to appoint a trustee from the zone vacated, the board of trustees may appoint a person at large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. Otherwise, after one hundred twenty (120) days from the declaration of vacancy, appointments shall be made by the board of county commissioners of the county in which the district is situated, or of the home county if the district be a joint district.

(4)  Any person appointed as provided in subsection (3) of this section shall serve for the balance of the unexpired term of the office that was declared vacant and filled by appointment.

History:

[33-504, added 1963, ch. 13, sec. 54, p. 27; am. 1975, ch. 181, sec. 2, p. 497; am. 1984, ch. 94, sec. 2, p. 219; am. 1986, ch. 348, sec. 20, p. 864; am. 1987, ch. 141, sec. 1, p. 282; am. 2009, ch. 57, sec. 2, p. 161; am. 2009, ch. 341, sec. 42, p. 1018; am. 2024, ch. 219, sec. 1, p. 773.]