(105 ILCS 5/10‑4) (from Ch. 122, par. 10‑4)
Sec. 10‑4. Election of directors.
(a) In all districts, directors shall be elected in each odd‑numbered year, each for a term of 4 years.
(b) In consolidated districts where 5 directors are elected in 1981 pursuant to the extension of terms provided by law for transition to the consolidated election schedule under the general election law, those directors elected shall, by lot, determine 2 of their number to serve 2 years and 3 to serve 4 years; their successors shall serve for a 4 year term.
(c) If a proposition to increase the membership of a school district's board of school directors to 7 directors and to elect a new 7‑member board of school directors to replace the district's existing board of 3 school directors is approved by the electors of the district at a regular scheduled election as provided in subsection (b) of Section 10‑1, 7 members shall be elected at the next regular school election, in the manner provided by Article 9, to serve as the board of school directors of that district. The terms of office of the 3 members of the board of school directors serving at the time of the election of the initial 7‑member board of school directors shall expire when the 7 newly elected members of the initial 7‑member board of school directors assume office and are organized as provided in Section 10‑5. At their organizational meeting, the initial members of the 7‑member board of school directors shall by lot determine 4 of their number to serve 4 year terms and 3 of their number to serve 2 year terms. Their successors shall serve for a 4 year term.
(d) In all other districts, one school director shall be elected in each district every other odd‑numbered year, and two school directors shall be elected in the intervening odd‑numbered years.
(e) When a vacancy occurs in the membership of any board of school directors the remaining members shall, within 30 days, fill the vacancy by appointment until the next regular school election, or, upon their failure so to do, the regional superintendent shall make such appointment within the next 30 days to fill the vacancy as herein provided. Upon the regional superintendent's failure to fill the vacancy, the vacancy shall be filled at the next regularly scheduled election.
(Source: P.A. 90‑757, eff. 8‑14‑98.) |
(105 ILCS 5/10‑9)
(from Ch. 122, par. 10‑9)
Sec. 10‑9.
Interest of board member in contracts.
(a) No school board member shall be interested, directly or indirectly, in his own name or in the name of any other person, association, trust or corporation, in any contract, work or business of the district or in the sale of any article, whenever the expense, price or consideration of the contract, work, business or sale is paid either from the treasury or by any assessment levied by any statute or ordinance. A school board member shall not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the school district, provided that the board member has no financial interests other than as an employee. No school board member shall be interested, directly or indirectly, in the purchase of any property which (1) belongs to the district, or (2) is sold for taxes or assessments, or (3) is sold by virtue of legal process at the suit of the district.
(b) However, any board member may provide materials, merchandise, property, services or labor, if:
A. the contract is with a person, firm, partnership,
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| association, corporation or cooperative association in which the board member has less than a 7 1/2% share in the ownership; and |
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B. such interested board member publicly discloses |
| the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and |
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C. such interested board member abstains from voting |
| on the award of the contract, though he shall be considered present for the purposes of establishing a quorum; and |
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D. such contract is approved by a majority vote of |
| those board members presently holding office; and |
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E. the contract is awarded after sealed bids to the |
| lowest responsible bidder if the amount of the contract exceeds $1500, or awarded without bidding if the amount of the contract is less than $1500; and |
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F. the award of the contract would not cause the |
| aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation or cooperative association in the same fiscal year to exceed $25,000. |
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(c) In addition to the above exemption, any board member may provide materials, merchandise, property, services or labor if:
A. the award of the contract is approved by a |
| majority vote of the board provided that any such interested member shall abstain from voting; and |
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B. the amount of the contract does not exceed $1,000; |
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C. the award of the contract would not cause the |
| aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $2,000, except with respect to a board member of a school district in which the materials, merchandise, property, services, or labor to be provided under the contract are not available from any other person, firm, association, partnership, corporation, or cooperative association in the district, in which event the award of the contract shall not cause the aggregate amount of all contracts so awarded to that same person, firm, association, partnership, or cooperative association in the same fiscal year to exceed $5,000; and |
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D. such interested member publicly discloses the |
| nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and |
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E. such interested member abstains from voting on the |
| award of the contract, though he shall be considered present for the purposes of establishing a quorum. |
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(d) In addition to exemptions otherwise authorized by this Section, any board member may purchase for use as the board member's primary place of residence a house constructed by the district's vocational education students on the same basis that any other person would be entitled to purchase the property. The sale of the house by the district must comply with the requirements set forth in Section 5‑22 of The School Code.
(e) A contract for the procurement of public utility services by a district with a public utility company is not barred by this Section by one or more members of the board being an officer or employee of the public utility company or holding an ownership interest of no more than 7 1/2% in the public utility company, or holding an ownership interest of any size if the school district has a population of less than 7,500 and the public utility's rates are approved by the Illinois Commerce Commission. An elected or appointed member of the board having such an interest shall be deemed not to have a prohibited interest under this Section.
(f) Nothing contained in this Section, including the restrictions set forth in subsections (b), (c), (d) and (e), shall preclude a contract of deposit of monies, loans or other financial services by a school district with a local bank or local savings and loan association, regardless of whether a member or members of the governing body of the school district are interested in such bank or savings and loan association as an officer or employee or as a holder of less than 7 1/2% of the total ownership interest. A member or members holding such an interest in such a contract shall not be deemed to be holding a prohibited interest for purposes of this Act. Such interested member or members of the governing body must publicly state the nature and extent of their interest during deliberations concerning the proposed award of such a contract, but shall not participate in any further deliberations concerning the proposed award. Such interested member or members shall not vote on such a proposed award. Any member or members abstaining from participation in deliberations and voting under this Section may be considered present for purposes of establishing a quorum. Award of such a contract shall require approval by a majority vote of those members presently holding office. Consideration and award of any such contract in which a member or members are interested may only be made at a regularly scheduled public meeting of the governing body of the school district.
(g) Any school board member who violates this Section is guilty of a Class 4 felony and in addition thereto any office held by such person so convicted shall become vacant and shall be so declared as part of the judgment of the court.
(Source: P.A. 96‑998, eff. 7‑2‑10.) |
(105 ILCS 5/10‑10.5)
Sec. 10‑10.5.
Community unit school district or combined school district formation; school board election.
(a) Except as otherwise provided in subsection (b) of this Section, for community unit school districts formed before January 1, 1975 and for combined school districts formed before July 1, 1983, the following provisions apply:
(1) if the territory of the district is greater than
| 2 congressional townships or 72 square miles, then not more than 3 board members may be selected from any one congressional township, except that congressional townships of less than 100 inhabitants shall not be considered for the purpose of this mandatory board representation; | |
(2) if in the community unit school district or |
| combined school district at least 75% but not more than 90% of the population is in one congressional township, then 4 board members shall be selected from the congressional township and 3 board members shall be selected from the rest of the district, except that if in the community unit school district or combined school district more than 90% of the population is in one congressional township, then all board members may be selected from one or more congressional townships; and | |
(3) if the territory of any community unit school |
| district or combined school district consists of not more than 2 congressional townships or 72 square miles, but consists of more than one congressional township or 36 square miles, outside of the corporate limits of any city, village, or incorporated town within the school district, then not more than 5 board members may be selected from any city, village, or incorporated town in the school district. | |
(b)(1) The provisions of subsection (a) of this Section |
| for mandatory board representation shall no longer apply to a community unit school district formed before January 1, 1975, to a combined school district formed before July 1, 1983, or to community consolidated school districts, and the members of the board of education shall be elected at large from within the school district and without restriction by area of residence within the district if both of the following conditions are met with respect to that district: | |
(A) A proposition for the election of board members |
| at large and without restriction by area of residence within the school district rather than in accordance with the provisions of subsection (a) of this Section for mandatory board representation is submitted to the school district's voters at a regular school election or at the general election as provided in this subsection (b). | |
(B) A majority of those voting at the election in |
| each congressional township comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition. | |
(2) The school board may, by resolution, order |
| submitted or, upon the petition of the lesser of 2,500 or 5% of the school district's registered voters, shall order submitted to the school district's voters, at a regular school election or at the general election, the proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (a) of this Section for mandatory board representation; and the proposition shall thereupon be certified by the board's secretary for submission. | |
(3) If a majority of those voting at the election in |
| each congressional township comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition: | |
(A) the proposition to elect board members at |
| large and without restriction by area of residence within the district shall be deemed to have passed, | |
(B) new members of the board shall be elected at |
| large and without restriction by area of residence within the district at the next regular school election, and | |
(C) the terms of office of the board members |
| incumbent at the time the proposition is adopted shall expire when the new board members that are elected at large and without restriction by area of residence within the district have organized in accordance with Section 10‑16. | |
(4) In a community unit school district, a combined |
| school district, or a community consolidated school district that formerly elected its members under subsection (a) of this Section to successive terms not exceeding 4 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 4 years, and in a community unit school district or combined school district that formerly elected its members under subsection (a) of this Section to successive terms not exceeding 6 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 6 years; provided that in each case the terms of the board members initially elected at large and without restriction by area of residence within the district as provided in this subsection (b) shall be staggered and determined in accordance with the provisions of Sections 10‑10 and 10‑16 of this Code. | |
(Source: P.A. 94‑1019, eff. 7‑10‑06.) |
(105 ILCS 5/10‑11)
(from Ch. 122, par. 10‑11)
Sec. 10‑11.
Vacancies.
Elective offices become vacant within the meaning of the Act, unless the context indicates otherwise, on the happening of any of the following events, before the expiration of the term of such office:
1. The death of the incumbent.
2. His or her resignation in writing filed with the
| Secretary or Clerk of the Board. | |
3. His or her becoming a person under legal |
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4. His or her ceasing to be an inhabitant of the |
| district for which he or she was elected. | |
5. His or her conviction of an infamous crime, of any |
| offense involving a violation of official oath, or of a violent crime against a child. | |
6. His or her removal from office.
7. The decision of a competent tribunal declaring his |
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8. His ceasing to be an inhabitant of a particular |
| area from which he was elected, if the residential requirements contained in Section 10‑10.5, 11E‑35, or 12‑2 of this Code are violated. | |
No elective office except as herein otherwise provided becomes vacant until the successor of the incumbent of such office has been appointed or elected, as the case may be, and qualified. The successor shall have the same type of residential qualifications as his or her predecessor and, if the residential requirements contained in Section 10‑10.5, 11E‑35, or 12‑2 of this Code apply, the successor, whether elected or appointed by the remaining members or a regional superintendent, shall be an inhabitant of the particular area from which his or her predecessor was elected.
(Source: P.A. 94‑1019, eff. 7‑10‑06.) |