SF 2660

as introduced - 89th Legislature (2015 - 2016) Posted on 03/15/2016 10:00am

A bill for an act
relating to education; filling school board vacancies; amending Minnesota
Statutes 2014, section 123B.09, by adding a subdivision; repealing Minnesota
Statutes 2015 Supplement, sections 123B.09, subdivision 5a; 123B.095.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 123B.09, is amended by adding a
subdivision to read:

new text begin Subd. 5b. new text end

new text begin Appointments to fill vacancies. new text end

new text begin Any other vacancy in a board must be
filled by board appointment at a regular or special meeting. The appointment shall be
evidenced by a resolution entered in the minutes and shall continue until an election is
held under this subdivision. All elections to fill vacancies shall be for the unexpired
term. If the vacancy occurs before the first day to file affidavits of candidacy for the next
school district general election and more than two years remain in the unexpired term,
a special election shall be held in conjunction with the school district general election.
The appointed person shall serve until the qualification of the successor elected to fill the
unexpired part of the term at that special election. If the vacancy occurs on or after the
first day to file affidavits of candidacy for the school district general election, or when less
than two years remain in the unexpired term, there shall be no special election to fill the
vacancy and the appointed person shall serve the remainder of the unexpired term and
until a successor is elected and qualifies at the school district election.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2015 Supplement, sections 123B.09, subdivision 5a; and
123B.095, new text end new text begin are repealed.
new text end

Sec. 3. new text begin EFFECTIVE DATE; TRANSITION.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment. If an election has
previously been called but not yet held pursuant to Minnesota Statutes, section 123B.095,
the school board may cancel that election and fill the vacancy by appointment or may
allow the election to proceed. If the election is to be canceled, the board must adopt
a resolution to that effect. The time limitations of Minnesota Statutes, section 205A.05,
subdivision 3, shall not apply to that cancellation.
new text end