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MISSOURI STATUTES AND CODES

162.261. Seven-director district, board of, terms--vacancies--prohibition on hiring spouse of board member, when--constitutional prohibition on nepotism applies to districts.

Seven-director district, board of, terms--vacancies--prohibitionon hiring spouse of board member, when--constitutional prohibitionon nepotism applies to districts.

162.261. 1. The government and control of a seven-director schooldistrict, other than an urban district, is vested in a board of educationof seven members, who hold their office for three years, except as providedin section 162.241, and until their successors are duly elected andqualified. Any vacancy occurring in the board shall be filled by theremaining members of the board; except that if there are more than twovacancies at any one time, the county commission upon receiving writtennotice of the vacancies shall fill the vacancies by appointment. Theperson appointed shall hold office until the next municipal election, whena director shall be elected for the unexpired term.

2. No seven-director, urban, or metropolitan school district board ofeducation shall hire a spouse of any member of such board for a vacant ornewly created position unless the position has been advertised pursuant toboard policy and the superintendent of schools submits a writtenrecommendation for the employment of the spouse to the board of education.The names of all applicants as well as the name of the applicant hired forthe position are to be included in the board minutes.

3. The provisions of article VII, section 6 of the MissouriConstitution apply to school districts.

(L. 1963 p. 200 § 3-26, A.L. 1973 H.B. 158, A.L. 1978 H.B. 971, A.L. 1979 H.B. 280, A.L. 2003 S.B. 686, A.L. 2004 S.B. 968 and S.B. 969)

(Source: RSMo 1959 § 165.317)

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