32-570 School board; vacancy; how filled. - Nebraska Statutes

32-570. School board; vacancy;how filled.(1) A vacancy in the membership ofa school board shall occur as set forth in section 32-560 or in the case of absences, unless excused by a majority ofthe remaining members of the board, when a member is absent fromthe district for a continuous period of sixty days at one time or from morethan two consecutive regular meetings of the board. The resignation of a member or any other reason for avacancy shall be made a part of the minutes of the school board. The schoolboard shall give notice of the date the vacancy occurred, the office vacated,and the length of the unexpired term (a) in writing to the election commissioneror county clerk and (b) by a notice published in a newspaper of general circulationin the school district.(2) A person appointed to fill a vacancy on the school boardof a Class I school district by the remaining members of the board shall holdoffice until the beginning of the next school year. A board member of a ClassI school district elected to fill a vacancy at a regular or special schooldistrict meeting shall serve for the remainder of the unexpired term or untila successor is elected and qualified.(3) Except as provided in subsection (4) of this section,a vacancy in the membership of a school board of a Class II, III, IV, V, orVI school district resulting from any cause other than the expiration of aterm shall be filledby appointment of a qualified registered voter by the remaining members ofthe board. If the vacancy occurs in a Class II schooldistrict prior to July 1 preceding the general election in the middle of thevacated term, the appointee shall serve until a registered voter is electedat such general election for the remainder of the unexpired term. If the vacancyoccurs in a Class III, IV, V, or VI school district prior to February 1 precedingthe general election in the middle of the vacated term, the appointee shallserve until a registered voter is nominatedat the next primary election and elected at the following general electionfor the remainder of the unexpired term. Ifthe vacancy occurs on or after the applicable deadline, the appointment shallbe for the remainder of the unexpired term. A registered voterappointed or elected pursuant to this subsection shall meet the same requirementsas the member whose office is vacant.(4) Any vacancy in the membership of a school board of a schooldistrict described in section 79-549 which does not nominate candidates at a primary electionand elect members at the following general election shall be filled by appointment of a qualifiedregistered voter by the remaining members of the board. Ifthe vacancy occurs at least twenty days prior to the first regular caucusto be held during the term that was vacated, the appointee shall serve untila registered voter is nominatedand elected to fill the vacancy for the remainder of the term in the mannerprovided for nomination and election of board members in the district. If the vacancy occurred less than twentydays prior to the first regular caucus and at least twenty days prior to thesecond regular caucus to be held during the term that was vacated, the appointeeshall serve until a registered voter is nominated and elected to fill thevacancy for the remainder of the term in the manner provided for nominationand election of board members in the district. If the vacancy occurred lessthan twenty days prior to the second regular caucus held during the term thatwas vacated or after such caucus, the appointment shall be for the remainderof the unexpired term.(5) If any school board fails to fill a vacancy on the board,the vacancy may be filled by election at a special election or school districtmeeting called for that purpose. Such election or meeting shall be calledin the same manner and subject to the same procedures as other special electionsor school district meetings.(6) If there are vacancies in the offices of a majority ofthe members of a school board, the Secretary of State shall conduct a specialschool district election to fill such vacancies. SourceLaws 1994, LB 76, § 166; Laws 1999, LB 272, § 15; Laws 2010, LB965, § 1.Effective Date: July 15, 2010