9223 E - Government Code 1770

Bylaws of the Board - E 9223

Events Causing vacancy before expiration of term (Government Code 1770)

An office becomes vacant on the happening of any of the following events before the expiration of the term:

(a)     The death of the incumbent

(b)     The adjudication pursuant to a quo warrant proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness or accident and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his/her office for the remainder of his/her term

(c)     His/her resignation

(d)     His/her removal from office

(e)     His/her ceasing to be an inhabitant of the district for which the officer was chosen or appointed or within which the duties of his/her office are required to be discharged

(f)     His/her absence from the state without the permission required by law beyond the period allowed by law

(g)     His/her ceasing to discharge the duties of his/her office for the period of three consecutive months, except when prevented by sickness or when absent from the state with the permission required by law

(h)     His/her conviction of a felony or any offense involving a violation of his/her official duties.  An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered.  For the purposes of this subdivision, "trial court judgment" means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict or finding.

(I)     His/her refusal or neglect to file his/her required oath or bond within the time prescribed

(j)     The decision of a competent tribunal declaring void his/her election or appointment

(k)     The making of an order vacating his/her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond

(l)     His/her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate or stimulant addict; in this event, the office shall not be deemed vacant until the order of commitment has become final.

Absence from state; members of governing board of school districts; conditions  (Government Code 1064)

No member of the governing board of a school district shall be absent from the state for more than 60 days, except in any of the following situations:

(a)     Upon business of the school district with the approval of the board

(b)     With the consent of the governing board of the school district for an additional period not to exceed a total absence of 90 days

(c)     For federal military deployment not to exceed six months as a member of the armed forces of the United States or the California National Guard

In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for absence from the state may be extended by the governing board of the school district for an additional period not to exceed 30 days.

Exhibit Version:  June 11, 2001

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