Delaware Code Title 14 Sec. 1064 – Reorganized vocational-technical school districts
(a) The members of the school board of any reorganized vocational-technical school district shall be appointed by the Governor from the residents of such district. The school board shall be composed of 7 members. Annually, the Governor shall appoint 1 member for the term of 7 years to fill the vacancy caused by the expiration of the term of the member whose term expires at such time. Any vacancy in the office of any such member, caused by death, resignation, removal from the district or any other cause whatever, shall be filled by the Governor for the unexpired term. Every member, at all times, shall be a resident of the reorganized vocational-technical school district, or that member’s office shall be considered vacant and a successor shall be appointed for the unexpired term as provided in this section. After the expiration of the terms of the present members, not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member’s own political affiliation.
Terms Used In Delaware Code Title 14 Sec. 1064
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Quorum: The number of legislators that must be present to do business.
- School board: as used in this subchapter means the board of education of a school district which is constituted and established under this chapter whether by reorganization, consolidation or division. See Delaware Code Title 14 Sec. 1041
- School board member: as used in this subchapter means a person duly elected or appointed to a school board in accordance with the provisions for such election or appointment as provided elsewhere in this chapter. See Delaware Code Title 14 Sec. 1041
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) In the case of any reorganized vocational-technical school district which will not have, after reorganization, at least 7 school board members serving pursuant to § 1061 of this title, the Governor shall appoint such members as are necessary to bring the total number of school board members to 7 and shall designate the terms of such appointed members so that the term of 1 member shall expire each year thereafter for the succeeding 7 years. Not more than 4 members of the school board shall be of the same political party, and no member shall fail to state that member’s own political affiliation.
(c) The terms of the school board members shall begin July 1 following their appointments and shall continue until their successors qualify.
(d) (1) If a member of the school board of a reorganized vocation-technical school district is convicted or pleads guilty or nolo contendere to a crime under § 209(a) of this title, the Governor must remove the member.
(2) a. If a member of the school board of a reorganized vocation-technical school district is charged with a crime under § 209(a) of this title, the school board member is automatically suspended pending the final resolution of the charges.
b. If the charges under § 209(a) of this title that are the basis of the suspension under paragraph (d)(2)a. of this section are resolved in favor of the suspended school board member before the expiration of the suspended school board member’s unexpired term, the school board member may immediately return to service as a member of the school board.
(3) If a school board member is suspended under paragraph (d)(2)a. of this section, the school board member’s seat is treated as vacant for purposes of quorum until 1 of the following occur:
a. The suspended school board member resigns.
b. The suspended school board member’s term expires.
c. The charges that are the basis for the suspension are resolved in favor of the suspended school board member.
d. The suspended school board member ceases to be a member of the school board under paragraph (d)(1) of this section.
14 Del. C. 1953, § ?1064; 56 Del. Laws, c. 292, § ?6; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 187, § 5;