202 - Director Members

202 - Director Members dawn.gibson.cm… Tue, 09/28/2021 - 11:17

202.1 - Qualifications

202.1 - Qualifications

Serving on the board of directors is an honor and privilege.  Its rewards are respect from the community, students, and employees and the satisfaction from knowing each
board member contributed to the success of the children in the school district community.  Only those who are willing to put forth the effort to care and to make a difference
should consider running for a position on the board.

Individuals who are willing to serve on the board should believe public education is important, support the democratic process, willingly devote time and energy to board
work, respect educators and have the ability to examine the facts and make a decision.  The board believes an individual considering a position on the school board should
possess these characteristics.

Citizens wanting to run for a position on the board must be a citizen of the school district, an eligible elector of the district and free from a financial conflict of interest with
the position.

 

NOTE:  The last paragraph states the legal requirements to run for the school board.  An individual must be an eligible elector in order to run for the school board.  An
eligible elector need not be registered to vote.  An eligible elector needs only to be eligible to be registered to vote.  Also, a spouse of an employee may run for the board. 
Details on conflict of interest are in Policy 203, Board of Directors' Conflict of Interest.

 

 

Legal Reference:  Iowa Code §§ 63; 68B; 277.4, .27; 279.7A (2007).

Cross Reference:  201       Board of Directors' Elections
    
                                    202.4    Vacancies
    
                                    203       Board of Directors' Conflict of Interest

Approved    7-21-2008              
Reviewed
_7/17/2023           
Revised                  

 

dawn.gibson.cm… Tue, 09/28/2021 - 11:21

202.2 - Oath of Office

202.2 - Oath of Office

Board members are officials of the state.  As a public official, each board member must pledge to uphold the Iowa and the United States Constitution and carry out the responsibilities of the office to the best of the board member's ability.

Each newly-elected board member will take the oath of office prior to any action taken as a school official.  The oath of office is taken by each new board member elected at the annual school election at or before the organizational meeting of the board.  In the event of an appointment or special election to fill a vacancy, the new board member will take the oath of office within ten days of the appointment or election.

Board members elected to offices of the board will also take the same oath of office but replacing the office of board member with the title of the office to which they were elected.

The oath of office is administered by the board secretary and does not need to be given at a board meeting.  In the event the board secretary is absent, the oath is administered by another board member.

"Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the state of Iowa, and that you will faithfully and impartially to the best of your ability discharge the duties of the office of                                (naming the office) in the North Mahaska School District as now and hereafter required by law?"

 

NOTE:  Board members elected at the regular election do not need to take the oath of office within 10 days.  Those elected at a special election or appointed to fill a vacancy, however, must take the oath of office within 10 days.

 

 

Legal Reference:  Iowa Code §§ 277.28; 279.1, .6 (2007).

Cross Reference:  200.1    Organization of the Board of Directors
    
                                    201       Board of Directors' Elections
    
                                    202       Board of Directors Members
    
                                    204       Code of Ethics
    
                                    206       Board of Directors' Officers

Approved    7-21-2008                          
Reviewed
_7/17/2023                                                             
Revised                 

 

dawn.gibson.cm… Tue, 09/28/2021 - 11:18

202.3 - Term of Office

202.3 - Term of Office

Board members elected for a full term at a regularly scheduled school election in September serve for four years.  Board members appointed to fill a vacant position will
serve until the next scheduled school election.  A board member elected to fill a vacancy will serve out the unexpired term.

Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district.  Eligible board members are encouraged to consider
running for more than one term.

 

NOTE:  This policy states the terms of office established by law for board members elected at a regular or special election or appointed to fill a vacancy.

 

 

Legal Reference:  Iowa Code §§ 69.12; 274.7; 279.6-.7 (2007).

Cross Reference:  201       Board of Directors' Elections
    
                                    202       Board of Directors Members

Approved    7-21-2008                          
Reviewed       7/17/2023                                                                        
Revised   
_6-4-2013

 

dawn.gibson.cm… Tue, 09/28/2021 - 11:20

202.4 - Vacancies

202.4 - Vacancies

A vacancy occurs when a board member resigns, forfeits or otherwise leaves the office.  A vacancy also includes, but is not limited to, the following: failure to be properly
elected, failure to qualify within the time fixed by law, failure to reside in the school district or director district, a court order declaring the seat vacant, conviction of a felony,
three violations of the open meetings law, or conviction of a public offense in violation of the oath of office.

If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within 30 days of the vacancy.  The newly-appointed board
member will hold the position until the next scheduled school election. 

If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs, the board secretary will call a special election to be held no sooner than 60
days and not later than 70 days after the vacancy occurred.  A board member elected at the special election will serve the remaining portion of the unexpired term.

 

NOTE:  This policy reflects Iowa law on what constitutes a board vacancy and the filling of board vacancies.

 

 

Legal Reference:  Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).
    
                                    Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).
    
                                    Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).
    
                                    Iowa Code §§ 21.6(3)(d); 69; 277.29-.30; 279.6-.7 (2007).
    
                                    1944 Op. Att'y Gen. 39.

Cross Reference:  201       Board of Directors' Elections
    
                                    202       Board of Directors Members

Approved    7-21-2008                          
Reviewed  
_6-4-2013                                                             
Revised                  

New wording 

A vacancy occurs as provided by law, which includes but is not limited to when a board member dies, resigns or leaves office, or fails to reside in the school district or director district. 

If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within 30 days of the vacancy.  The board shall publish notice stating that the board intends to fill the vacancy by appointment, but the electors of the school district have the right to file a petition within 14 days of the publication of the notice requiring the vacancy be filled by a special election. 

A person appointed to fill a vacancy shall hold office until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election. 

If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs or if a valid petition is submitted, the board secretary will call a special election to be held no sooner than 60 days and not later than 70 days after the vacancy occurred.  A board member elected at the special election will serve the remaining portion of the unexpired term. 

 

dawn.gibson.cm… Tue, 09/28/2021 - 11:17