32-546.01 Learning community coordinating council; members; election; appointment; vacancies; terms; per diem; expenses.
32-546.01. Learning communitycoordinating council; members; election; appointment; vacancies; terms; perdiem; expenses.(1) Each learning community shallbe governed by a learning community coordinating council consisting of eighteenvoting members, with twelve members elected on a nonpartisan ballot from sixnumbered subcouncil districts created pursuant to section 32-555.01 and withsix members appointed from such subcouncil districts pursuant to this section.Each voter shall be allowed to cast votes for one candidate at both the primaryand general elections to represent the subcouncil district in which the voterresides. The four candidates receiving the most votes at the primary electionshall advance to the general election. The two candidates receiving the mostvotes at the general election shall be elected. A candidate shall reside inthe subcouncil district for which he or she is a candidate. Coordinating councilmembers shall be elected on the nonpartisan ballot.(2) The initial elected members shall be nominated at thestatewide primary election and elected at the statewide general election immediatelyfollowing the certification of the establishment of the learning community,and subsequent members shall be nominated at subsequent statewide primaryelections and elected at subsequent statewide general elections. Except asprovided in this section, such elections shall be conducted pursuant to theElection Act.(3) Vacancies in office for elected members shall occur asset forth in section 32-560. Whenever any such vacancy occurs, the remainingelected members of such council shall appoint an individual residing withinthe geographical boundaries of the subcouncil district for the balance ofthe unexpired term.(4) Members elected to represent odd-numbered districts inthe first election for the learning community coordinating council shall beelected for two-year terms. Members elected to represent even-numbered districtsin the first election for the learning community coordinating council shallbe elected for four-year terms. Members elected in subsequent elections shallbe elected for four-year terms and until their successors are elected andqualified.(5) The appointed members shall be appointed in November ofeach even-numbered year after the general election. Appointed members shallbe school board members of school districts in the learning community eitherelected to take office the following January or continuing their current termof office for the following two years. For learning communities to be establishedthe following January pursuant to orders issued pursuant to section 79-2102,the Secretary of State shall hold a meeting of the school board members ofthe school districts in such learning community to appoint one member fromsuch school boards to represent each of the subcouncil districts on the coordinatingcouncil of such learning community. For subsequent appointments, the currentappointed members of the coordinating council shall hold a meeting of theschool board members of such school districts to appoint one member from suchschool boards to represent each of the subcouncil districts on the coordinatingcouncil of the learning community. The appointed members shall be selectedby the school board members of the school districts in the learning communitywho reside in the subcouncil district to be represented pursuant to a secretballot, shall reside in the subcouncil district to be represented, and shallbe appointed for two-year terms and until their successors are appointed andqualified.(6) Vacancies in office for appointed members shall occurupon the resignation, death, or disqualification from office of an appointedmember. Disqualification from office shall include ceasing membership on theschool board for which membership qualified the member for the appointmentto the learning community coordinating council or ceasing to reside in thesubcouncil district represented by such member of the learning community coordinatingcouncil. Whenever such vacancy occurs, the remaining appointed members shallhold a meeting of the school board members of the school districts in suchlearning community to appoint a member from such school boards who lives inthe subcouncil district to be represented to serve for the balance of theunexpired term.(7) Each learning community coordinating council shall alsohave a nonvoting member from each member school district which does not haveeither an elected or an appointed member who resides in the school districton the council. Such nonvoting members shall be appointed by the school boardof the school district to be represented to serve for two-year terms, andnotice of the nonvoting member selected shall be submitted to the Secretaryof State by such board prior to December 31 of each even-numbered year. Eachsuch nonvoting member shall be a resident of the appointing school districtand shall not be a school administrator employed by such school district.Whenever a vacancy occurs, the school board of such school district shallappoint a new nonvoting member and submit notice to the Secretary of Stateand to the learning community coordinating council.(8) Members of a learning community coordinating council shalltake office on the first Thursday after the first Tuesday in January followingtheir election or appointment, except that members appointed to fill vacanciesshall take office immediately following administration of the oath of office.Each voting member electedor appointed prior to April 6, 2010, shall be paid a per diemin an amount determined by such council up to two hundred dollars per dayfor official meetings of the council and the achievement subcouncil for whichhe or she is a member, formeetings that occur during the term of office for which the election or appointmentof the member took place prior to April 6, 2010, up to a maximumof twelve thousand dollars per fiscal year.Each voting member shall be eligible for reimbursement of reasonable expensesrelated to service on the learning community coordinating council. Each nonvoting member shall be eligiblefor reimbursement of reasonable expenses related to service on the learningcommunity coordinating council. SourceLaws 2007, LB641, § 49; Laws 2008, LB1154, § 3; Laws 2009, LB392, § 5; Laws 2010, LB937, § 1; Laws 2010, LB1070, § 1.Effective Date: April 6, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB937, section 1, with LB1070, section 1, to reflect all amendments.