Board Bylaw

BB 9220

Board Bylaws

Board Of Education Elections

Any person is eligible to be a Board of Education member, without further qualifications, if he/she is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter and not legally disqualified from holding civil office. (Education Code 35107)

Note: Pursuant to Government Code 1021, a person is disqualified from holding office upon conviction of designated crimes as specified in the Constitution and state law. These crimes include asking or receiving bribes, embezzlement, forgery and perjury. In addition, a person is ineligible from holding public office if he/she is not registered to vote. Elections Code 2201 lists causes upon which an individual cannot be registered including legally established mental incompetency or proof that the person is presently imprisoned or on parole for conviction of a felony.

A district employee elected to the Board shall resign his/her position before being sworn in or shall have his/her employment automatically terminated upon being sworn into office. (Education Code 35107)

(cf. 9270 - Conflict of Interest)

Note: Elections Code 1302 and 10404.5 authorize districts to request consolidation of their Board elections with the local municipal, state primary, or general elections.

Board election procedures shall be conducted in accordance with the California Education Code and Elections Code.

(cf. 9110 - Terms of Office)

Statement of Qualifications

Note: Prior to the beginning of the nominating period, the Board should determine whether to charge candidates for the costs of producing candidate statements of qualifications pursuant to Elections Code 13307. The Board should select one of the following options.

The district shall assume no part of the cost of printing, handling, translating or mailing candidate statements filed pursuant to Elections Code 13307.

Note: The following language applies to both of the above options.

The Board secretary shall notify the county clerk of this policy on or before the 125th day before each Board member election. (Elections Code 10509)

Note: Pursuant to Elections Code 13307, the candidate's statement is limited to 200 words, unless the Board has authorized an increase to a 400-word maximum.

Candidate statements shall be limited to no more than 200 words.

If a candidate for election to the Board chooses to include a statement of qualifications, which he/she may do as provided by law, with the materials sent to the voters by the Registrar-Recorder's Office, the candidate will be required to pay the total cost of printing and distribution of the statement charged to the school district by the Registrar-Recorder's Office of the County of Los Angeles. Each candidate will be billed from the district for his/her cost after the district receives its billing from the county.

Tie Vote in Board Member Elections

Whenever a tie makes it impossible to determine which of two or more candidates has been elected to the Board, the Board shall immediately notify the candidates who received the tie votes of the time and place where lots shall be cast to determine the winner. (Education Code 5016)

Note: Education Code 5019 governs the establishment or abolishment of trustee areas by the county committee on school district organization. Pursuant to Education Code 5019.5, districts in which trustee areas have been established must adjust their trustee area boundaries after each decennial federal census. Education Code 5019.5 authorizes Boards to make this adjustment by March 1 of the year after census results are released. If the Board fails to do this, the county committee on school district organization must do so by April 30.

Legal Reference:

EDUCATION CODE

5000 Biennial election

5016 Selection in tie vote

5017 Term

5019 Trustee areas and size of Board of Educations

5019.5 Trustee areas; adjustment of boundaries

5300-5304 General provisions (conduct of elections)

5320-5329 Order and call of elections

5340-5345 Consolidation of elections

5360-5363 Election notice

5380 Compensation (of election officer)

5390 Qualifications of voters

5420-5426 Cost of elections

5440-5442 Miscellaneous provisions (re returns, recounts, etc.)

35107 Eligibility; school district employees

35177 Campaign expenditures or contributions

ELECTIONS CODE

1302 Local elections, school district election

2201 Grounds for cancellation

2220-2226 Residency confirmation procedures

10400-10418 Consolidation of elections especially:

10403.5 Municipal election consolidated with statewide election or school district election

10509 Notice of election by secretary

10600-10604 School district elections

13307 Candidate's statement

13309 Candidate's statement, indigency

GOVERNMENT CODE

1021 Conviction of crime

1097 Illegal participation in public contract

3035 Impeachment

85706 Local regulation

85301-85313 Contribution limitations

PENAL CODE

68 Bribes

74 Acceptance of gratuity

424 Embezzlement and falsification of accounts by public officers

661 Removal for neglect or violation of official duty

CALIFORNIA CONSTITUTION

Article 2, Section 2 Voters, qualifications

Article 2, Section 4 Prohibition certain persons as electors

Article 7, Section 7 Conflicting offices

Article 7, Section 8 Disqualification from office

Article 7, Section 10 Libelous or slanderous statements against opposing candidates

COURT DECISIONS

California Prolife Council Political Action Committee v. Jan Scully et. al., CIV S-96-1965 (E.Dist. CA 1998)

Bylaw PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT

adopted: December 11, 2000 Palos Verdes Estates, California