§ 45-9A-50 — City Board of Education; Election

Alabama § 45-9A-50

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 9A: Chambers County Municipalities
• Art. 5: Lanett
• Part 1: Education

Text

(a) If a majority of the qualified electors of the municipality voting in the authorizing referendum election vote in favor of an elected city board of education, the board shall be established as provided in this section and the Legislature, as provided in Amendment 659, from time to time, by local law may provide further for the election of the Lanett City Board of Education. The local laws may provide for the termination of the terms of office of members of the existing city board of education; the composition of the city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; compensation; and any other matter that the Legislature determines necessary for the operation of the board.
(b) If the majority of electors voting pursuant to Act 2000-428 vote in favor of changing to an elected board, an elected board of education for the City of Lanett shall be established. The board shall be called “The Lanett City Board of Education.” The board shall be composed of five members, with one member being elected from each of the five city council districts by a majority of the qualified electors voting who reside in the district.
(c) A member shall reside in the district which the member represents during the entire term of office. If the boundaries of a city council district change, the corresponding board of education district shall automatically change accordingly for the next election of the city board of education. If redistricting places an incumbent board member outside of his or her district, the member shall nevertheless continue to serve the remainder of the term to which he or she was elected or appointed.
(d) A candidate for each place on the board of education shall be at least 21 years of age, a resident of the board of education district which he or she seeks to represent on the board for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall not be an employee of the board or have a record of conviction for any crime involving moral turpitude. The qualification fee for the initial election of the members of the board shall be twenty-five dollars ($25) for each candidate.
(e)(1) The Lanett City Council shall take necessary steps to ensure that this section complies with the Federal Voting Rights Act of 1965, as amended.
(2) The Lanett City Council shall call an election to elect the initial members of the board of education. This election shall be held at the same time as the general election held in November 2000, or as soon thereafter as is possible.
(3) The initial election and the initial run-off election, if necessary, and all subsequent elections held pursuant to this section shall be conducted, the vote canvassed, and the results declared in the same manner as provided for the election of members of the city council, unless otherwise required in this section.
(4) The initial elected members of the board of education shall assume office immediately upon the certification of the election results and shall serve initial terms corresponding with the terms of the members of the city council elected in August 2000. Thereafter, all members of the board of education shall be elected at the same time and in the same manner as the members of the Lanett City Council and shall serve terms that correspond with the terms of office of the members of the city council.
(f)(1) Upon the assumption of office of the initially elected members of the board of education, the Lanett City Board of Education as provided in this section shall be constituted and the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.
(2)a. Upon assumption of office of the initial elected members of the board of education, these members shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11 (commencing with Section 16-11-1) of Title 16.
b. At the first meeting after the board takes office, and every year thereafter, the board shall by majority vote of those voting, select a chair and vice chair from among its members. The vice chair shall preside over meetings of the board in the absence of the chair.
c. All property, records, supplies, and equipment of the prior board of education shall be vested in the board created by this section.
(3) The establishment of the board of education as provided in this section shall not affect or impair any of the following:
a. Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.
b. Existing contractual obligations of the board of education.
c. Existing civil and criminal actions.
(g) A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for the unexpired term. If the vacancy is not filled by the remaining members of the board of education within 30 days, the city superintendent of education shall notify the State Superintendent of Education who shall fill the vacancy by appointment. A person filling a vacancy on the board shall reside in the district which the vacating member represented.
(h) The compensation for each member of the board of education shall be one hundred dollars ($100) per month payable from city school system funds.
(i) The Examiners of Public Accounts shall conduct an annual audit of the financial records of the city school system and of the board of education. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other purpose.
(j) Any member of the board of education who fails to attend more than two regularly scheduled monthly board meetings without an authorized excused absence as recognized by the board through written policy shall receive a written request from the city superintendent of education to attend the meetings. If the board member persists in his or her unexcused absence for two additional regularly scheduled monthly board meetings, then the position shall be declared vacant by the chair of the board, subject to review and approval by the city council.
(k) The chair of the board shall have all of the following duties:
(1) To preside over all board meetings.
(2) To set the meeting dates and times of all board meetings consistent with state law. The chair shall endeavor to set meeting times at 7:00 p.m. or at a similar time which will afford citizens the best opportunity to attend.
(3) To set the agenda of the board meetings in consultation with the city superintendent of education.
(4) To ensure proper and adequate notice to the public for public hearings on the budget of the school system.
(5) To maintain order at all board meetings.
(6) To assist the superintendent in seeking public input into the operations and support of the city school system.
(7) To vote on all matters which come before the board if he or she so desires.
(8) To ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.
(9) To promote the city school system as authorized by the board.

Legislative History

(Act 2000-428, p. 786, §§1-11.)