3. Board Members – Vacancies and Removal from Office C.3.01 - Vacancies:
Any vacancy occurring on the Board through death, resignation or otherwise, shall be filled by a special election ordered by the Board, or by appointment by resolution or order of the Board. If the vacancy occurs on a Board whose members are elected at large/by position, the person appointed to fill the unexpired term shall serve until the next regular election of members of the Board, at which time, the position shall be filled by election for a term appropriately shortened to conform with what regularly would have been the length of term for that position.
C.3.02 - Resignation:
To be effective, a Board member’s resignation must be in writing and signed by the Board member, and must be delivered to the Board for action, in the form of acceptance. The Board may not refuse to accept a resignation. If a Board member submits a resignation, whether for immediate effect of for some future date, a vacancy occurs on the date the Board takes action to accept the resignation, or on the eighth (8th) day after its receipt by the Board, whichever is earlier.
C.3.03 - Non-Residence:
A person elected to serve as a Board member must remain a resident of the District through the term of office. A Board member who ceases to reside in the District vacates his or her office.
The Board may require member(s) to file an affidavit with the Chair of the Board, stipulating that the member(s)’ residence is located within the District.
C.3.04 - Removal from Office:
Board members may be removed from Board membership for incompetency, official misconduct, intoxication on or off duty caused by drinking an alcoholic beverage (unless it was caused by drinking such beverage on the direction and prescription of a licensed physician), conviction by a judge or jury for any felony or for misdemeanor official misconduct, or for absences from more than half of the regularly scheduled Board meetings that the member is eligible to attend during a calendar year, not counting an absence for which the member is excused by a majority vote of the Board. A Board member is considered absent from a regular Board meeting if he or she participates by telephone conference but is not physically present at a regular Board meeting.
“Official Misconduct” includes, but is not limited to, conviction of an offense relating to the making or authorizing of separate, sequential or component purchases to avoid the purchasing contracts requirements.
Actions for removal of Board members must be brought before the judge of the District Court holding jurisdiction, except that any court convicting a Board member of a felony or official misconduct shall order immediate removal.