A. A vacancy occurring in the membership of a local school board shall be filled at an open meeting, at which a quorum of the membership is present, by a majority vote of the remaining members appointing a qualified elector to fill the vacancy.
B. A qualified elector appointed to fill a vacancy occurring in the membership of a local school board shall hold that office until the next regular school district election when an election shall be held to fill the vacancy for the unexpired term.
C. If a qualified elector is not appointed to fill the vacancy within forty-five days from the date the vacancy occurred, the department shall appoint a qualified elector to fill the vacancy until the next regular school district election.
D. In the event vacancies occur in a majority of the full membership of a local school board, the department shall appoint qualified electors to fill the vacancies. Those persons appointed shall hold office until the next regular school district election when an election shall be held to fill the vacancies for the unexpired terms.
History: 1953 Comp., § 77-4-6, enacted by Laws 1967, ch. 16, § 32; 1979, ch. 335, § 4; 2015, ch. 145, § 97.
The 2015 amendment, effective July 1, 2015, substituted "qualified elector" for each reference to "qualified person" and substituted the "public education department" for each reference to the "state board"; in Subsections A and B, after "qualified", deleted "person" and added "elector"; in Subsection C, after "qualified", deleted "person" and added "elector" in two places, and after "occurred, the", deleted "state board" and added "department"; and in Subsection D, after "board, the", deleted "state board" and added "department", after "qualified", deleted "persons" and added "electors", and after "next regular", deleted "or special".
Structure New Mexico Statutes
Article 5 - Local School Boards
Section 22-5-1 - Local school boards; members.
Section 22-5-1.1 - Local school board members; elected from districts.
Section 22-5-3 - School board membership; optional form.
Section 22-5-3.1 - Local school boards; reversion to five members.
Section 22-5-4 - Local school boards; powers; duties.
Section 22-5-4.2 - Child abuse; report coordination; confirmation.
Section 22-5-4.4 - School employees; reporting drug and alcohol use; release from liability.
Section 22-5-4.5 - Pledge of allegiance.
Section 22-5-4.6 - Recompiled.
Section 22-5-4.7 - Additional student discipline policies; weapon-free schools.
Section 22-5-4.8 - Area vocational high schools.
Section 22-5-4.9 - High school diplomas; World War II veterans.
Section 22-5-4.10 - High school diplomas; Korean conflict veterans.
Section 22-5-4.11 - Psychotropic medication; prohibition on compulsion.
Section 22-5-4.12 - Use of restraint and seclusion; techniques; requirements.
Section 22-5-4.14 - High school diplomas; Vietnam conflict veterans.
Section 22-5-5 - Compensation; prohibited employment.
Section 22-5-6 - Nepotism prohibited.
Section 22-5-7 - Officers; surety bonds.
Section 22-5-8 - Term of office.
Section 22-5-9 - Local school board vacancies.
Section 22-5-9.1 - Oath of office.
Section 22-5-10 - Publications; advertisements.
Section 22-5-11 - School district salary system.
Section 22-5-12 - Local school boards; vacant or vacated offices.
Section 22-5-13 - Local school board training.
Section 22-5-14 - Local superintendent; powers and duties.
Section 22-5-15 - Collaborative school improvement programs.
Section 22-5-16 - Advisory school councils; creation; duties.
Section 22-5-17 - Private use of school facilities; policy; insurance.
Section 22-5-18 - Local school board authority over who may carry a firearm on school premises.