HF 3685

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/21/2022 02:51pm

A bill for an act
relating to education; establishing school board member removal election
procedures; amending Minnesota Statutes 2020, section 123B.09, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapters 123B; 351.

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

Section 1.

Minnesota Statutes 2020, section 123B.09, subdivision 9, is amended to read:

Subd. 9.

Removing board members.

The board may remove, for proper cause, any
member or officer of the board and fill the vacancy; but such removal must be by a concurrent
vote of at least four members, at a meeting of whose time, place, and object the charged
member has been duly notified, with the reasons for such proposed removal and after an
opportunity to be heard in defense against the removal. new text begin A school board member may also
be removed in accordance with the removal election procedures under section 123B.096.
new text end

Sec. 2.

new text begin [123B.096] SCHOOL BOARD REMOVAL ELECTION PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Petition form. new text end

new text begin (a) A petition form to request the removal of a school
board member must include:
new text end

new text begin (1) a statement that a removal election, if conducted, would be conducted at public
expense; and
new text end

new text begin (2) a statement that each person signing the petition:
new text end

new text begin (i) is an eligible voter residing within the school district;
new text end

new text begin (ii) understands the purpose and content of the petition;
new text end

new text begin (iii) is signing of their own free will; and
new text end

new text begin (iv) may sign only once.
new text end

new text begin (b) The petition must:
new text end

new text begin (1) identify the school board member who is named in the petition;
new text end

new text begin (2) include the specific grounds for removal; and
new text end

new text begin (3) include a concise, accurate, and complete summary of the specific facts that constitute
grounds for removal in no less than 200 words.
new text end

new text begin (c) The removal election committee must attach to the petition documents that contain
the signatures of supporters who are registered voters residing within the school district
totaling at least 30 percent of the number of persons who voted in the preceding election
for the office held by the school board member named in the petition. Each page on which
signatures are included must clearly identify the purpose of the petition. The petition
documents including signature pages must be provided by the school district clerk and must
provide space for each supporter's signature and signature date; printed first, middle, and
last name; residence address, including municipality and county; phone number; and birth
date.
new text end

new text begin (d) The petition must identify three removal election committee members. The petition
form must include space for each committee member's notarized signature and signature
date; printed first, middle, and last name; residence address, including municipality and
county; phone number; and birth date.
new text end

new text begin Subd. 2. new text end

new text begin District clerk duties. new text end

new text begin (a) The school district clerk must make petition forms
available for eligible voters residing within the school district to file a petition requesting
the removal of a school board member. The clerk must not issue a petition form for a removal
election of a school board member within 90 days of the named board member's election
to office, or less than 120 days before the next school board election.
new text end

new text begin (b) The school district clerk must examine the petition to determine whether it contains
the requisite number of valid signatures of registered voters. If so, the clerk must forward
the petition, but not the signatures, to the clerk of appellate courts within 15 days of receipt
of the petition. If the school district clerk determines that the petition does not include the
requisite number of signatures, the school district clerk must deny the petition within 15
days of receipt of the petition with the denial reason in writing to the removal election
committee. The removal election committee may appeal the denial within 15 days with
additional supporting documents, signatures, or clerical amendments. The school district
clerk must review the resubmission and issue a final acceptance or denial within 15 days.
new text end

new text begin (c) The school district clerk must submit the petition to the appropriate district judge.
The district judge must review the petition to determine whether the petition has been
properly executed. If the petition is deemed correct, the judge must approve the case for a
public hearing. The public hearing must provide an opportunity for public comment regarding
the allegations in the petition against the named school board member.
new text end

new text begin Subd. 3. new text end

new text begin Removal election committee. new text end

new text begin (a) A removal election committee consisting of
no more than three eligible voters residing within the school district must circulate the
removal election petition for signatures and receive the official correspondence from the
school district clerk regarding the removal election petition process.
new text end

new text begin (b) A petition to remove a school board member may be in active circulation by the
removal election committee for no more than 120 days after the first signature is collected.
The committee must submit the petition to the school district clerk within seven days of the
last signature. A petition that is older than 127 days from the date of the first signature shall
be deemed invalid.
new text end

new text begin Subd. 4. new text end

new text begin Public hearing. new text end

new text begin (a) A public hearing regarding the allegations in the petition
must be held within 45 days of the district judge determining the petition has been properly
executed. The judge may issue subpoenas to compel the testimony of witnesses and the
production of any supporting documents. The judge may permit the petition to be amended
only for good cause.
new text end

new text begin (b) The board member named in the petition may waive in writing the right to a public
hearing. If the board member waives the right to a hearing, the case must be certified by
order of the judge to the school district clerk for a removal election to be held within 30
days of receipt of the order.
new text end

new text begin (c) The judge must consider evidence at the public hearing under this section and
determine:
new text end

new text begin (1) whether the petitioners have shown by clear and convincing evidence that the
allegations made against the named school board member are true; and
new text end

new text begin (2) if so, whether the facts found to be true constitute grounds for legitimate removal
from office.
new text end

new text begin The judge must dismiss the petition at any time if it appears that this standard has not been
met.
new text end

new text begin (d) The petitioners and the named board member must be represented by legal counsel
at their own expense and must pay the costs associated with the hearing, except the school
district may assume the legal costs incurred by the named board member. The school district
must pay all other costs of the hearing.
new text end

new text begin (e) The judge must issue a decision within 14 days after the end of a public hearing
under this section.
new text end

new text begin (f) If a petition under this section is dismissed by the judge, either before or after a public
hearing, the petitioners may appeal the decision within 30 days.
new text end

new text begin Subd. 5. new text end

new text begin Certification of the decision. new text end

new text begin If the judge determines that the allegations against
the named board member are true and constitute grounds for legitimate removal from office,
and it is the will of the petitioners to remove the named board member in the performance
of official duties, the case must be certified to the school district clerk for a removal election
on a date to be fixed by the school district clerk and held within 30 days of the order of the
judge.
new text end

new text begin Subd. 6. new text end

new text begin Appeal. new text end

new text begin A school board member may appeal the decision of a judge under
subdivision 5 to the supreme court within ten days. The removal election is stayed until 20
days after the supreme court issues a decision on the appeal. The supreme court must grant
an expedited appeal.
new text end

new text begin Subd. 7. new text end

new text begin Majority vote; form of question. new text end

new text begin A school board member may be removed
pursuant to this section by majority vote. The removal election is a special election conducted
under applicable provisions of section 205A.05. The question submitted to the voters must
be:
new text end

new text begin "Should .................................................. (Name) elected (appointed) to the office of
.............................................. (title) be removed from that office?
new text end

	new text begin Yes . new text end
	new text begin No . new text end	new text begin " new text end

new text begin Any resulting vacancy must be filled as provided by law.
new text end

new text begin Subd. 8. new text end

new text begin Disqualification. new text end

new text begin A removed school board member may not thereafter hold
the same office for the remainder of the term to which the official was elected.
new text end

Sec. 3.

new text begin [351.24] REMOVAL OF SCHOOL DISTRICT BOARD MEMBERS.
new text end

new text begin An elected school district board member may be removed from office in accordance
with the procedures in section 123B.09, subdivision 9, or 123B.096.
new text end