162.867. Candidate for board--qualifications--election process--terms--redistricting committee.
Candidate for board--qualifications--electionprocess--terms--redistricting committee.
162.867. 1. Board of education members of a special school districtwith a population of more than one hundred thousand persons in office onAugust 28, 1999, shall serve the remainder of their terms and shall serveuntil their successors are duly elected and qualified pursuant to thissection.
2. On and after August 28, 1999, each new member of a board of educationof a special school district with a population of more than one hundredthousand persons shall be elected pursuant to this section by the governingcouncil established pursuant to section 162.856.
3. Pursuant to this section, each qualified candidate for the board ofeducation of a special school district with a population of more than onehundred thousand persons shall:
(1) Be a voter of the district who has resided within the state for oneyear next preceding selection to the board and is resident in the subdistrictin which the candidate files;
(2) Be at least twenty-four years of age.
4. No member of the board of education of a special school district witha population of more than one hundred thousand persons shall:
(1) Vote on, solicit, transact, offer, or accept any contract betweenthe special school district and any corporation, partnership, association, orother organization in which that member of the board of education has afinancial interest, unless otherwise provided herein, excluding interestsowned prior to such member's election;
(2) Hold any office or employment of profit from the board of educationof the special school district while serving. However, nothing in thissection shall be construed to preclude a person from being elected to orserving on the board of education of the special school district on the basisthat the person is related to a pupil of the special school district or to apupil of any school district all or a portion of which is contained within thespecial school district; or
(3) Vote on, solicit, transact, offer, or accept any contract orprocurement in which that board member shall have a direct or indirectbeneficial interest, unless:
(a) The material facts as to such member's relationship or interest andas to the contract or transaction are disclosed in writing and are known tothe board and governing council, and such governing council and board, in goodfaith, authorize the contract or transaction by the affirmative vote of themajority of the disinterested members; and
(b) Such member's relationship or interest in such contract ortransaction shall not be voted upon by such interested member.
5. Beginning in April, 1997, and every third year thereafter, twomembers shall be elected. Beginning in April, 1998, and every third yearthereafter, two members shall be elected. Beginning in April, 1999, and everythird year thereafter, three members shall be elected. A member shall beelected to fill each open seat on the board of education.
6. Board members shall serve three-year terms and shall serve untiltheir successors are duly elected and qualified.
7. The board of education shall, upon formation and each decade withinninety days following the publication of the final decennial census figuresthereafter, adopt a resolution calling for the formation of a redistrictingcommittee. Upon adoption of such resolution, the secretary of the board ofeducation shall forward a certified copy thereof to the state board ofeducation. The redistricting committee shall consist of three residentswithin the district, appointed by the board of education of the special schooldistrict, plus three additional persons resident within the special schooldistrict, appointed by the state board of education. Thereafter, theredistricting committee shall meet, organize itself with a chairman andsecretary, and proceed with the adoption of a redistricting plan. Any planproposed to be adopted must receive approval of a majority of the wholeredistricting committee. Upon adoption, the redistricting committee shallforward a copy of the plan certified by the secretary of the redistrictingcommittee to the state board of education for its approval or disapproval.The state board of education shall approve any redistricting plan whichdivides the special district into seven subdistricts of equal population,taking into account insofar as possible existing school district boundarylines. Upon approval by the state board of education, the redistricting planshall become effective and all board members selected thereafter shall beselected from subdistricts in which they are resident. If the plan is notapproved, then it shall be returned to the redistricting committee forrevision and resubmission. If a redistricting plan has not been adoptedwithin one year after the publication of the decennial census figures, thestate board of education shall provide the redistricting plan. No member ofthe redistricting committee shall serve on the board of education for a periodof six years following such service on the redistricting committee.
8. The structure of the board of education and the selection of membersof the board of education of a special school district with a population ofmore than one hundred thousand persons shall be as established pursuant tothis section, except as may be otherwise approved by the voters of the specialschool district under section 162.858.
(L. 1996 S.B. 687, A.L. 1999 H.B. 889)