Bylaw - 0142.3 Vacancies

Last Revised on July 22, 2013

The position of a Board member shall become vacant upon the occurrence of any one (1) of the following events:           

                A.            death of the member is certified by the clerk of the circuit court (I.C. 5-8-6 and I.C. 20-26-4-4.5c))               

                B.            failure of a sufficient number of petitions for candidates for Board membership being filed for an election (I.C. 20-26-4-4(c))            

                C.            a member submits a written resignation from the Board to the clerk of the circuit court pursuant to I.C. 5-8-3.5-1(a)(4)         

                D.           a member is convicted of a felony (I.C. 5-8-1-38)               

                E.            a member's election or appointment is declared void by a competent tribunal    

                F.            the winner of an election fails to take the oath of office required by I.C. 20-26-4-3-2         

                G.           a member ceases to possess the legal qualifications for continuing to hold office              

                H.           a member ceases to be a resident of the Corporation (I.C. 20 23-4-30(e)) (applicable to community school corporations only)          

                I.             a member is removed from office by action of the Circuit Court pursuant to I.C. 5-8-1-35               

                J.            a court enters an order removing a member from office based upon a conviction for bribery or official misconduct under I.C. 35-50-5-1.1           

                K.            a member is convicted of any crime against the laws of the United States where the sentence imposed exceeds six (6) months, (evading the Selective Service Act), engaging in conspiracy or an attempt to defraud the government of the United States, or seditious utterances in violation of the laws of the United States (I.C. 5-8-3-1)          

                L.             a member voluntarily became intoxicated within the business hours of the Board, or is in the habit of becoming intoxicated by the use of intoxicating liquors and is removed from office under I.C. 34-17 (I.C. 5-8-2-1)

If a Board position becomes vacant pursuant to state law, the remaining members of the Board shall establish a process to fill the vacant position. The remaining Board members shall complete this process within 30 days after the vacancy occurs. If a majority of the remaining members fail to select a new Board member within that time period, the judge of the circuit court shall make an appointment to fill the vacancy, as required by Indiana statute. (I.C. 20-23-4-30(d)(1)&(2)

I.C. 5-8-1-35, 5-8-3.5-1
I.C. 20-23-4-30