§ 45-36A-101 — Board of Education

(a) The city board of education in Scottsboro shall be abolished, effective immediately upon the election of a new city board of education as provided by this section and replaced with the board of education as herein provided. The board shall have all the powers, duties, rights, and immunities otherwise provided by law for city boards of education in the State of Alabama.
(b)(1) The board of education shall consist of five members, each of whom shall run for a place to be designated and numbered as follows, to-wit:
a. Member, board of education, Place No. 1.
b. Member, board of education, Place No. 2.
c. Member, board of education, Place No. 3.
d. Member, board of education, Place No. 4.
e. Member, board of education, Place No. 5.
(2) A person seeking election and qualifying as a candidate for election as a member of the board shall designate by number the place on such board for which he or she is a candidate, and it shall be so stated on the ballot. Members of the board first elected shall be elected for terms as follows:
a. Place No. 1 shall be elected for a term of six years.
b. Places No. 2 and 3 elected for four-year terms.
c. Places No. 4 and 5 for two-year terms.
d. Thereafter all members shall be elected for six-year terms.
(c) All members of the board of education shall be elected from the city at large, and no person shall be a candidate or be permitted to file his or her statement of candidacy for more than one of such places. No ballot shall be counted for any candidate except for the place number for which he or she announced in his or her statement of candidacy. All members shall be at least 21 years old, shall be persons of good moral character, and shall have been residents of the City of Scottsboro one year prior to the date of qualifying as a candidate for election to the board of education. Candidates for the board of education shall pay a qualifying fee set by the city council.
(d) The city council shall provide for the holding of the election of the board of education authorized herein and for the payment of the expenses of such election. Any candidate who receives a majority of all votes cast for all candidates seeking election to the position for which he or she is a candidate shall be declared elected to that position. In the event no candidate receives a majority of all of the votes cast for any one or more positions on the board of education, the city council shall order a second or run-off election to be held separately or at the time of any primary, special, or general election, at which election the two candidates receiving the most votes for the office in the first election shall be the candidates, and the person receiving the highest number of votes in the second or run-off election shall be declared elected. In the event of a tie vote between the candidates in such run-off election, the then serving city council shall immediately decide the election by majority vote. The method and dates for qualifying as a candidate for the city board of education provided for hereunder and the conduct of elections hereunder shall be the same as other municipal elections in Scottsboro.
(e) Members of the board of education elected hereunder shall take office immediately following certification of their election.
(f) Each member of the board of education elected under this section shall receive compensation in the amount of one hundred dollars ($100) per month to be paid from the city school fund in the manner provided for paying compensation out of such school funds.
(g) In the event of a vacancy in the membership of the board of education by resignation or otherwise, the city council, by majority vote, shall elect a person to fill such vacancy for the unexpired term.
(h) Except as herein provided, the Board of Education of Scottsboro shall in all respects be governed by the general law of the state relative to city boards of education.

Legislative History

(Act 81-986, p. 168, §§6-13.)