45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO EDUCATION; CHANGING THE METHOD OF APPOINTING PERSONS TO FILL LOCAL SCHOOL BOARD VACANCIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 22-5-9 NMSA 1978 (being Laws 1967, Chapter 16, Section 32, as amended) is amended to read:

"22-5-9. LOCAL SCHOOL BOARD VACANCIES.--

A. A vacancy occurring in the membership of a local school board shall be filled [at an open meeting, at which a quorum of the membership is present, by a majority vote of the remaining members] by the state board of education appointing a qualified person to fill the vacancy.

B. A qualified person appointed to fill a vacancy occurring in the membership of a local school board shall hold that office until the next regular school district election when an election shall be held to fill the vacancy for the unexpired term.

[C. If a qualified person is not appointed to fill the vacancy within forty-five days from the date the vacancy occurred, the state board shall appoint a qualified person to fill the vacancy until the next regular school district election.

D. In the event vacancies occur in a majority of the full membership of a local school board, the state board shall appoint qualified persons to fill the vacancies. Those persons appointed shall hold office until the next regular or special school district election when an election shall be held to fill the vacancies for the unexpired terms.]"