001The following program is a presentation of the Ohio School Boards Association. Welcome to OSBA's legal ledger sidebar. I'm Scott Griffin. Our legal team gets many questions. One frequently asked relates to schoolboard vacancies. So, Jennifer Harden and John Price from OSBA's legal division are here to provide some answers today. Jenny, let me start with you. What typically causes a vacancy on a school board? >> Yeah, it's a really good question, Scott. There in the statute that describes vacancies, there are a couple listed. Among them are death, resignation, removal from the district, non-residents, but one that is kind of uh coming up on us now is uh some boards don't have enough candidates running for open seats. So after the election, maybe there's one or two fewer board members than you need to fill the whole board.
002>> So John, uh let's say a vacancy has occurred. What's the next step for the remaining members of the board? >> That's a great question. So the first place we turn is the Ohio Revised Code in 3313.11. So there's language in that statute that says that boards must take action to fill that vacancy at its next regular board meeting that takes place within 10 and 30 days of the vacancy. So it's very specific timing. Um there may be some additional stuff in um the board's policies around what the what the processes and procedures might look like in filling that vacancies such as you know are we taking written applications or oral applications or but really the the Ohio Revised Code is pretty bare bones and it just you know gives us that 10 to 30
003day timeline. So things happen, Jenny. What happens if a board does not fill the vacancy within that 10 to 30 day time frame? >> It can happen. And what happens is that the board loses control over the appointment. Um the appointment falls into the hands of the judge of the probate court who makes that decision after 30 days have elapsed. >> And when you look at is are there any reasons why a board might miss a deadline? Yeah, the most common reason is well one reason is that they may not know about the deadline, but the most common reason is because there's a lack of consensus. Um the board divi is divided on who they want to fill that open position. Um the law requires a majority vote of the remaining vote uh board members.
004So you would need to have three. If there are four remaining, you need to have three agree. And if you have a two- two split, they're not going to be able to make that appointment. So, this is an opportunity where the president has to step in and build some consensus. >> So, let's shift gears for a bit, John. Uh, once this new person is appointed uh to fill the seat, how long do they do they get to stay on the board? >> Yeah, this is kind of one of the more complicated parts of this whole process. Um, so there's language in the statute that says that the person appointed serves the shorter of two terms. either the completion of the board member's term who they are replacing or until January 1st following the next regular
005board of election board of education election if the election occurs at least 90 days after the appointment which is a mouthful um in election years um that cutoff is in August so maybe it might be a little bit clearer if we give an example so as we sit here it's midepptember um we are less than 90 days from the next regular um board of education election So if that person who um if there was a vacancy on a board that occurred now and that person's seat was up for election this term basically that person who is appointed would serve until December 31st of this year. >> So let's say then the vacancy happens now and someone is appointed. Would that person then have to run for reelection if they wanted to do so get a
006campaign together? >> Sure. Well a person it's too late to file to be a candidate in the election for this term. So if the person who filled the vacancy was already a candidate, then yes, they absolutely could continue their election and run for the seat. But it unfortunately for them, the time to file for candidacy has passed. >> So then there would be an election then obviously for that seat, right? >> But the person who's holding that seat now would not be eligible to run in the November election. >> Correct. Unless they had already filed. >> So a lot of things going on there for for members and boards to understand. Jenny, uh, are there other restrictions that board members should be aware of here? >> Yeah, the other main restriction is that a board
007member can't lengthen their term by resigning and being reappointed to the vacancy that they created. >> And uh, I would imagine that OSBA has plenty of resources for members who can who have more questions about this topic. >> Yeah, we do. We have a board vacancy toolkit on the website which has a bunch of information in it including a fact sheet, some sample questions, an application depending on whether the board how the board wants to do it. >> Yes. And members are always welcome, we say this every time, um to give us a call on the legal hotline if they have questions and that's 855 OSBA law. >> And I know you guys get plenty of questions and I know that hotline usually rings uh every day, doesn't it? >> Oh, sure. >> Yeah. Yeah.
008We've already gotten some questions from boards that are going to be in the situation where they don't have enough people running. So, if you're in that situation, call and talk to us. We're happy to help you. >> Well, Jenny and John, thanks so much again for uh all your insight on this Legal Ledger sidebar. Be sure to hit the subscribe button and we'll see you on the next episode.