The Elk Grove Unified School District is looking to fill a vacancy on its seven-member Board of Education. Following former trustee Bobbie Singh-Allen’s election to the position of Mayor to the City of Elk Grove, a vacancy has opened up on the Board in Trustee Area Four. On December 15, 2020, the Board announced its intention to begin the process of provisionally appointing an interested candidate to fill Ms. Singh-Allen’s vacated seat. Interested candidates were invited to complete the application packet, and submit it to the District Office [9510 Elk Grove-Florin Road, Elk Grove, CA 95624] or via email to Superintendent Christopher Hoffman [email@example.com] by 4:00 pm on January 14, 2021.
The application period has now closed.
The Application Packet included:
- Provisional Appointment Process and Timeline
- Candidate Information
- Declaration of Residency
- Reference Sheet
- Candidate Questionnaire
- Elk Grove Unified School District Governing Board Bylaw 9223
On January 21, 2021, a screening committee will post the names of candidates who will be invited to participate in an interview. On January 26, 2021, the Board will interview candidates for the vacant position in open session. The Board will, at that time, consider making a provisional appointment. California law requires that candidates meet the following minimum eligibility requirements to be considered for provisional appointment to the Board:
- The candidate must be at least 18 years of age.
- The candidate must be a citizen of California.
- The candidate must be a resident of Trustee Area Four.
- The candidate must be a registered voter.
- The candidate must not be disqualified from holding a civil office.
The Board is responsible for ensuring the District operates effectively and efficiently. Trustees commit a significant amount of time, energy, effort and dedication to ensure that the District can appropriately serve our community. For more information regarding the provisional appointment process, or the duties of a school board member, please contact the Superintendent’s Office.
Timeline for Provisional Appointment
- December 15, 2020. The Board will announce its intention to begin the process of provisionally appointing an interested candidate to fill the vacated seat.
- December 18, 2020 – January 14, 2021. The District will advertise the vacancy and provisional appointment process, and candidates may submit applications.
- January 14, 2021. All applications must be completed and submitted to the District Office [9510 Elk Grove-Florin Road, Elk Grove, CA 95624] or via email to Superintendent Christopher Hoffman [firstname.lastname@example.org], by 4:00 pm on January 14, 2021.
- January 15, 2021 – January 21, 2021. The screening subcommittee will review and screen the applications.
- January 21, 2021. The District will post the names of the candidates to be interviewed by the end of the day.
- January 26, 2021. The District will hold a special board meeting to interview candidates in open session. The Board will vote to select the provisional appointee, and the new appointee will be sworn in.
- By February 5, 2021. The District will post a notice of the vacancy and the provisional appointment, and publish it in a newspaper of general circulation. Within 30 days of the appointment, registered voters may file a petition for special election with the County Superintendent of Schools in the manner specified in Education Code section 5091, subdivision (c).
EGUSD Board Bylaw – Filling Vacancies – BB 9223 – Board Bylaws
A vacancy on the Board of Education may occur for any of the events specified in Government Code 1770 or by a failure to elect. (Education Code 5090) Removal by recall election shall also create a vacancy on the Board. (Elections Code 27344)
Within 60 days of the date of the vacancy or the filing of the 1 Board member’s deferred resignation, the Board may order an & election to fill the vacancy. (Education Code 5091)
If a vacancy occurs from six months to 130 days before a regularly scheduled Board election and the position is not scheduled to be filled at that election, the position shall be filled at a special election, which shall be consolidated with the regular election. The person so elected shall take office at the first regularly scheduled Board meeting following the certification of the election and shall serve only until the end of the term of the position, which he/she was elected to fill. (Education Code 5093)
Within 60 days of the date of a vacancy or filing of a deferred resignation, the Board may make a provisional appointment for any vacancy that occurs four or more months before the end of the Board member’s term, unless the vacancy occurs from six months to 130 days before a regularly scheduled Board election and the vacant position is not scheduled to be filled at that election. (Education Code 5091, 5093)
In order to draw from the largest possible number of candidates, the Board shall advertise in the local media to solicit candidate applications or nominations. A committee consisting of less than a quorum of the Board shall screen the applicants and announce the names of the candidates. The Board shall interview the candidates at a public meeting, accept oral or written public input, and select the provisional appointee by a majority vote.
(cf. 9323.2 -Actions by the Board)
Within 10 days after the appointment is made, the Board shall post notices of the vacancy or dated resignation and the provisional appointment. The notice shall be published in the local newspaper and posted in at least three public places. (Education Code 5092)
The notice shall contain: (Education Code 5092)
- The full name of the appointee.
- The date of appointment.
- A statement notifying the voters that the provisional appointment shall become effective immediately and shall continue unless a petition calling for a special election pursuant to Education Code 5091 is filed in the office of the County Superintendent of Schools within 30 days of the provisional appointment.
The person appointed shall hold office until the next regularly scheduled election for district Board members and shall be afforded all the powers and duties of a Board member upon appointment. (Education Code 5091)
5200-5208 Districts governed by boards of education
5320-5329 Order and call of election
5340-5345 Consolidation of elections
5360-5363 Election notice
5420-5426 Cost of elections
5440-5442 Miscellaneous provisions, elections
35107 Eligibility of board members
35178 Resignation with deferred effective date
10600-10604 School district elections
11381-11386 Candidates for recall
1064 Absence from state
1770 Vacancies: definition
3000-3003 Forfeiture of office
3060-3075 Removal other than by impeachment
6061 One time notice
54950-54963 The Ralph M. Brown Act
88 Bribery, forfeiture from office
UNITED STATES CODE, TITLE 18
704 Military medals or decorations
ATTORNEY GENERAL OPINIONS
58 Ops.Cal.Atty.Gen. 888 (1975)
Filling a Board Vacancy, rev. December 2010
California State Attorney General’s Office, Quo Warranto Applications: http://ag.ca.gov/opinions/quo_warranto.php
Bylaw ELK GROVE UNIFIED SCHOOL DISTRICT
adopted: October 1, 1984
Elk Grove, California
revised: April 3, 1989
revised: November 16, 1992
revised: October 3, 1994