§ 749. Vacancy on union elementary or union high school district board
(a) Filling a vacancy. Notwithstanding any other provisions of law to the contrary, this section shall apply
to a vacancy on a union elementary or union high school district board, unless otherwise
provided in the articles of agreement of the union elementary or union high school
district as initially approved by the voters on or before July 1, 2019.
(1) Proportional to town population. If the vacancy is for a seat where membership is apportioned to a member district
in a number that is closely proportional to its relative population and only voters
residing in the member district elect the board member, then the union elementary
or union high school district clerk shall notify the board of the member district
not later than five days after learning of the vacancy. Within 30 days after receiving
notice, the board of the member district shall appoint a person who is otherwise eligible
to serve as a member of the union elementary or union high school district board to
fill the vacancy until the voters elect a successor at an annual or special meeting
pursuant to the provisions of section 748 (union elementary and union high school
district board members) of this chapter.
(2) Modified at-large model: allocation to town; at-large representation. If the vacancy is for a seat where membership is allocated to a member district in
a number that is not closely proportional to each district’s relative population and
the board member is elected at-large, then the union elementary or union high school
district clerk shall notify the board of the member district not later than five days
after learning of the vacancy. Within 30 days after providing notice and after consultation
with the member district’s board, the union elementary or union high school district
board shall appoint a person who is otherwise eligible to serve as a member of the
union elementary or union high school district board to fill the vacancy until the
voters elect a successor at an annual or special meeting pursuant to the provisions
of section 748 (union elementary and union high school district board members) of
this chapter.
(3) At-large representation. If the vacancy is for a seat that is neither apportioned nor allocated to a member
district pursuant to subdivision (1) (proportional to town population) or (2) (modified
at-large) of this subsection and the board member is elected at-large, then within
30 days after creation of the vacancy, the union elementary or union high school district
board shall appoint a person who is otherwise eligible to serve as a member of the
board to fill the vacancy until the voters elect a successor at an annual or special
meeting pursuant to the provisions of section 748 (union elementary and union high
school district board members) of this chapter.
(4) No board of member district. For purposes of subdivisions (1) (proportional to town population) and (2) (modified
at-large) of this subsection (a), if the member district is also a union school district
and any related town school district has discontinued operations pursuant to subdivision
717(b)(2) (discontinuation of forming districts in union elementary and union high
school districts) of this chapter and has no board, then the clerk of the union elementary
or union high school district shall notify the selectboard of the pertinent town not
later than five days after learning of the vacancy. Within 30 days after providing
notice and after consultation with the selectboard, the union elementary or union
high school district board shall appoint a person who is otherwise eligible to serve
as a member of the union elementary or union high school district board to fill the
vacancy until the voters elect a successor at an annual or special meeting pursuant
to the provisions of section 748 (union elementary and union high school district
board members) of this chapter.
(5) Vacancy in all seats. If all seats on a school board are vacant, then the Secretary of State shall call
a special election to fill the vacancies.
(b) Notification. Within 10 days after the appointment of a board member pursuant to this section, the
clerk of the union elementary or union high school district shall transmit the name
of the appointed board member to the Secretary of State.
(c) Obligations and expenses.
(1) Vacancy in majority. If there are vacancies in a majority of the members of a union elementary or union
high school district board at the same time, then the remaining member or members
are authorized to draw orders for payment of continuing obligations and necessary
expenses until a majority of the vacancies are filled pursuant to the provisions of
this section.
(2) Vacancy in all seats. If there are no members of the union elementary or union high school district board
in office, then the Secretary of State shall appoint and authorize the district clerk
or other qualified person to draw orders for payment of continuing obligations and
necessary expenses until a majority of the vacancies are filled. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)