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School and College Legal Services Legal Update
October 2, 2001
TO: Superintendents, Member School Districts (K-12)
FROM: Susanne K. Reed, Associate General Counsel
SUBJECT: Governing Board Elections and Organizational Meetings – 2001 Memo No. 19-2001
ORGANIZATIONAL MEETINGS (Education Code 35143)
Each school district, community college district, and county office of education is required to hold an annual organizational meeting. In an election year a school district or community college organizational meeting is held on a day within the fifteen (15) day period that commences with the date upon which a governing board member elected at that election takes office (the first Friday in December). In years in which no regular election for governing board members is conducted, the organizational meeting is held during the same fifteen day period. Exceptions to this rule are discussed below. This year the date on which an elected trustee would take office is December 7, 2001. Organizational meetings should be held as follows:
1. Governing Board of School Districts and Community College Districts. The organizational meeting must be held within 15 days of the first Friday in December (between December 7th and December 22nd). Unless otherwise provided by a rule of the Governing Board, the date of the organizational meeting must be selected by the board at its regular meeting held immediately prior to December 7th.
2. Governing Boards of School Districts Governed by a City Charter. These Boards have the option of holding their organizational meetings as described under Paragraph 1, above, or may hold their organizational meeting between December 15th and January 14th, if so provided by the Governing Board rules.
3. County Offices of Education.
The organizational meeting is the first meeting after the last Friday in November.
ELECTION ISSUES
Districts with the governing board elections scheduled for 2001 should be aware of the following information:
1. Number of Candidates Less Than or Equal to the Number of Board Seats.
No election is held. The existing Board members continue to serve until the organizational meeting of the Board, at which time the candidate(s) are seated and become Board members.
2. No Candidates or Insufficient Candidates for Number of Seats Vacant.
Seats for which there are sufficient candidates are discussed above. For those seat(s) for which there are no candidates, the Board must appoint. It is important to note that, except for seats which have been specifically designated two year seats, an appointment to a governing board seat due to lack of candidate is a four year appointment.
The appointment must be made prior to the election (this year, prior to November 6th). Prior to making the appointment, "…the governing board shall cause to be published a notice in the district or, if no such paper is published in the district, in a newspaper having general circulation in the district, stating that the board intends to make an appointment and informing persons of the procedure available for applying for office." (Education Code Section 5328.5).
(See related memo) Annual Organizational Meeting of School Boards
Reprinted with permission.
