As part of its continued focus to provide resources to school board presidents, the New Jersey School Boards Association has answered questions throughout the year in its monthly Board President’s Corner column. Our next question is below.
Question: What is the procedure for filling a vacancy on the board?
In most cases, a vacancy is filled by a majority vote of the remaining members of the board after the vacancy occurs.
According to N.J.S.A. 18A:12-15(a), the board has 65 days to fill the vacancy. If it does not meet that deadline, the county superintendent will fill the vacancy.
There are times, however, when the board will not fill the vacancy. Under the statute, the following guidelines apply:
a. By the county superintendent, if the vacancy is caused by the absence of candidates for election to the school board or by the removal of a member because of lack of qualifications, or is not filled within 65 days following its occurrence.
b. By the county superintendent, to a number sufficient to make up a quorum of the board if, by reason of vacancies, a quorum is lacking.
c. By special election, if in the annual school election two or more candidates qualified by law for membership on the school board receive an equal number of votes. Such special election shall be held only upon recount and certification by the county board of elections of such election result, shall be restricted to such candidates, shall be held within 60 days of the annual school election, and shall be conducted in accordance with procedures for annual and special school elections set forth in Title 19 of the Revised Statutes. The vacancy shall be filled by the county superintendent if in such special election two or more candidates qualified by law for membership on the school board receive an equal number of votes.
d. By special election if there is a failure to elect a member at the annual school election due to improper election procedures. Such special election shall be restricted to those persons who were candidates at such annual school election, shall be held within 60 days of such annual school election, and shall be conducted in accordance with the procedures for annual and special school elections set forth in Title 19 of the Revised Statutes.
e. By the commissioner if there is a failure to elect a member at the annual school election due to improper campaign practices.
f. By a majority vote of the remaining members of the board after the vacancy occurs in all other cases.
Each member so appointed shall serve until the organizational meeting following the next annual election unless the member is appointed to fill a vacancy occurring within the 60 days immediately preceding such election if the annual election is held in April, or occurring after the third Monday in July if the election is held in November, to fill a term extending beyond such election, in which case the member shall serve until the organizational meeting following the second annual election next succeeding the occurrence of the vacancy, and any vacancy for the remainder of the term shall be filled at the annual election or the second annual election next succeeding the occurrence of the vacancy, as the case may be.
Procedural Matters
A board’s bylaws will give instructions for the basic procedures it should follow in filling a vacancy. If the remaining board of education members are filling the vacancy, they should keep in mind that whoever is selected will have the same rights, roles and responsibilities as any other board member who was put into office by voters. As a result, a wide-ranging search for a replacement should be conducted.
It’s imperative that a notice of the opening on the school board be prepared for public dissemination. The notice should state the legal requirements for being a school board member, the length of the term, how to apply if interested and how the board will make the appointment, e.g. the date of the board meeting at which candidates will be interviewed. The district does not need to spend money on an advertisement in a newspaper or elsewhere, but you should take steps to spread the news throughout the community.
One way to do this is to feature the vacancy on the district website, and you should also consider announcing it on social media and through other channels, such as in the school newsletter and via distribution in a news release you send out to media and websites that cover the community. You may also consider posting a notice of the vacancy at the local library, post office and other gathering places.
Most boards of education carry out an interview process to determine who the best candidate is, and your local field representative can provide you with sample questions to ask candidates. It’s important to get candidates talking, so you can learn more about them and whether they would be a good fit to serve on the board.
Interviews are typically conducted in open session, and you may want to consider allowing time for the public to comment between interviews and before board members vote. It is vital that boards review their process and district bylaws with their board attorney to ensure that relevant laws and regulations are followed.
Deliberations are generally held in closed session, but you want to check your bylaws. A vote, however, cannot be held in closed session. Once deliberations are complete, the board should resume open session and one person should make a motion to appoint a candidate by name. The motion is seconded, an opportunity for discussion follows (although that rarely happens as board members would have discussed the candidates in closed session) and a roll-call vote ensues. If the board decides it will not be appointing someone from the pool of candidates, the board should inform the public about what steps it agreed on in closed session to further its efforts to fill the vacancy.
After someone is appointed to fill a vacancy, he or she must complete a criminal background check within 30 days of appointment before they can serve on the board. You should also start your onboarding process without delay and ensure that the new member has completed the required School Ethics Commission’s Personal/Relative and Financial Disclosure Forms within 30 days of appointment. If you do not have an in-district board member orientation program, you can reach out to your field service representative for guidance on creating one.
The NJSBA’s Field Services Department regularly assists local boards with best practices for filling vacancies. NJSBA can also help your board determine if there are any measures you can take to keep vacancies from happening in the first place.