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133 - Filling Board Vacancies

133

FILLING BOARD VACANCIES

 

When a school board vacancy occurs for any reason as described per Wisconsin State Statute Chapter 17, the Board Clerk or a designee shall directly notify all remaining Board members of the vacancy.

Vacancies on the School Board shall be filled in accordance with state law and in substantial compliance with the guidelines and procedures established in this policy. Any appointee to the School Board must be a qualified elector of the District and otherwise eligible to hold the office. 

The Board clerk or the clerk’s designee shall provide an appointee with notice of the appointment. A qualified elector who is selected to fill a Board vacancy shall not take office unless and until the person has taken and filed the official oath of office. An appointee shall file the official oath on or before any final deadline that the Board establishes for the appointee to take office. Upon filing the official oath, an appointee shall also promptly file a campaign finance registration statement.

APPOINTMENT GUIDELINES AND PROCEDURES FOR THE FIRST 60 DAYS

During the 60 days immediately following the date on which a vacancy first exists, the Board may fill the vacancy only by an appointment made by a vote of the remaining members of the Board. Any initial attempt to fill the vacancy during this 60-day period shall substantially comply with the following guidelines and procedures, supplemented by any additional procedures that the Board may adopt:

1.  The District Administrator, or a designee, shall give notice of the vacancy to the public by, at a minimum, posting information on the District website. The notice shall include relevant information about expressing interest in serving as an appointee, including identifying any deadline for submitting letters of application. The deadline shall be at least 14 calendar days after the date that the notice is first placed on the District website. 

2.  Any qualified elector of the District who is interested in filling the vacancy shall submit the following materials to the Office of the District Administrator:

  • a. A letter of application that includes the applicant’s name, the applicant’s residential address, contact information, and a statement of the individual’s qualifications and reason(s) for seeking the appointment.
  • b. On or before the date of the Board meeting at which the Board considers the potential appointees, each potential appointee shall also submit a signed and sworn (notarized)  declaration of eligibility to hold the vacant Board seat. (Board Exhibit 2)   

3.  Applicants who have submitted the required materials by the applicable deadline(s) are assured consideration. If no letters of application are received by the deadline, the Board president may direct the District Administrator to re-post the vacancy notice on the District website, with the deadline for letters of interest being extended by up to an additional 14 days. The president or the president’s designee shall ensure that all Board members are informed of any such extension(s). 

Steps 4 and 5 apply only if at least one potential appointee has been identified:

4.  At a Board meeting that is held after the deadline, applicants who have submitted the required materials by the applicable deadline(s) will be considered for appointment. The Board will permit each individual who is under active consideration for appointment to make an initial statement of introduction and interest. Following the initial statements, the Board will further interview such individuals in a question-and-answer format. Depending on the number of potential appointees who will be interviewed, the Board may conduct the interviews either in a panel format (rotating the order of the responses) or in an individual format (using a randomly determined order, during which those individuals who have yet to be interviewed will be asked to voluntarily step outside of the meeting room).

5.  Following any debate or deliberation among the Board members regarding the applicants, a standard majority of the total votes cast is required to make an appointment to fill a Board vacancy at this stage.

APPOINTMENT GUIDELINES AND PROCEDURES AFTER 60 DAYS

If a Board vacancy has not been filled by an appointment made within 60 days of the date on which the vacancy first exists, then the Board will attempt to fill the vacancy in substantial compliance with the following guidelines and procedures, supplemented by any additional procedures that the Board may adopt:

1.  If a duly-elected successor (i.e., a person elected at a Spring Election) will be taking office in the seat that is currently vacant within the next 60-day period that follows the initial 60-day period of the vacancy, then no appointee shall serve in the vacant seat in the interim unless an individual is appointed by a majority vote. 

2.  If the unfilled vacancy is not subject to the previous paragraph, then at a Board meeting that shall be held no later than 45 days after the end of the initial 60-day period of the vacancy, the Board shall make an attempt to appoint a qualified elector to fill the vacancy by a majority vote. 

  • a. Prior to such Board meeting, the Board may direct the District Administrator to post and otherwise publicize a notice of the vacancy that solicits potential appointees and that includes appropriate instructions for expressing interest in serving as an appointee.
  • b. To be eligible for consideration for appointment by a Board vote at such meeting, a potential appointee minimally (1) must have submitted a signed and sworn (notarized) declaration of eligibility to fill the vacancy in question at any time after the occurrence of the vacancy, and (2) must not have withdrawn from consideration. 

3.  Assuming that there is at least one potential applicant who has been identified for possible appointment, voting will occur at the Board meeting described in the previous step. If the Board is still unable to fill the vacancy after  5 rounds of voting, or after fewer rounds if reduced by unanimous consent, then the chairperson of the meeting shall declare a deadlock and immediately call for nominations in order to break the deadlock by the random selection of a nominee. The following shall apply:

  • a. A nominee for the random selection process must be a qualified elector who has submitted a signed and sworn (notarized) declaration of eligibility to fill the vacancy in question and who has not withdrawn from consideration.
  • b. Each nominee, if any, whose nomination is supported by at least two Board members (inclusive of the Board member who initially made the nomination) will be included in the random selection process. Each Board member who is present at the meeting may nominate or support the nomination of only one person who is included in the random selection process. The nominee chosen by the random process is thereby selected to fill the vacancy. 

4.  If, for any reason (including the lack of any identified potential appointee), the vacancy is still unfilled 105 days following the date on which the vacancy first exists, then steps 2 and 3 of the procedures listed above shall be repeated at Board meetings that are held at approximately monthly intervals until either (1) the vacancy is filled, or (2) there are fewer than 60 days before a duly-elected successor will take office in the vacant seat.

5. Selected Appointee

  • a. Upon successfully selecting an individual to fill the vacancy, the Board will establish the specific date on which the appointee will first take office. State law determines the date on which an appointee’s term of office expires.
  • b. After the meeting at which a qualified elector is selected to fill the vacancy, the Board Clerk or a designee shall notify the appointee in writing via the Certificate of Appointment to the School Board (Exhibit 3). Under State law, this notification shall occur within eight (8) days of the selection, and the person selected to fill the vacancy will be considered to have accepted the same unless, within five (5) days thereafter,r the appointee shall have filed with the Board Clerk a written refusal to serve. If the person files a written refusal to serve, the Board will continue to attempt to fill the vacancy again using the procedures above.
  • c. A qualified elector selected to fill a Board vacancy shall not take office unless the appointee has taken and filed the Oath of Office. The Oath shall be filed on or before any date or deadline that the Board establishes for the appointee to take office. If the appointee neglects or refuses to take and file the Official Oath on or before such date and has not filed a written refusal to serve, such neglect or refusal gives rise to a new vacancy in the office.
  • d. The Board Clerk or a designee will report the name and contact information of the appointed Board member to the clerk of each municipality and county having territory in the District in accordance with the requirements of State Law. 

DEFINITION

The term “days” as used in this policy means calendar days unless otherwise expressly stated.

Legal References:
Wisconsin State Statutes Section 11.0202(1), 17.01(13),  17.03,  17.035 ,  17.17(5), 17.26,  17.28 ,  19.01, 59.23(2)(s), 120.05(1)(d),  120.06(10), 120.12(28), and 120.17(1)

Adoption Date: June 27, 2016

Amended: February 23, 2026 

 

Exhibit 1

APPLETON AREA SCHOOL DISTRICT
NOTICE OF SCHOOL BOARD VACANCY AND APPOINTMENT PROCESS

NOTICE IS HEREBY GIVEN to the electors of the Appleton Area School District that there is a current vacancy on the School Board in the office formerly held by [insert name of prior incumbent]. The School Board intends to appoint an eligible individual to fill the vacancy under a term of office that shall expire on [insert the appropriate date].

Any person who is a resident and qualified elector of the Appleton Area School District and who desires to be considered for appointment to this public office must file the following materials:

1.  A letter of interest that identifies the potential appointee’s name, residential address, email address, and phone number, and that also addresses the individual’s qualifications and the reasons that the applicant is interested in serving on the School Board.

2.  A Declaration of Eligibility to hold the vacant board seat. The relevant form is available upon request from the Office of the Superintendent. The Declaration must be signed and sworn to before a notary public or another official who is authorized to administer general oaths.

Materials shall be submitted in person, by US mail, or by email to the following address and person below: 

District Administrator/Superintendent
Scullen Leadership Center
131 E. Washington Street, Suite 1A
Appleton, WI 54911
superintendent@aasd.k12.wi.us

To ensure consideration, any such filing must be received in the office prior to 4:00 p.m. on [insert the appropriate date]. It is the sole responsibility of the individual who is submitting the materials to verify that the district has received the completed materials on a timely basis. 

Inquiries regarding this Notice may be directed to the Office of the Superintendent at (920) 852-5300 or by email to superintendent@aasd.k12.wi.us.  

Date of Notice: [DD/MM/YYYY]

 

 

Exhibit 2

APPLETON AREA SCHOOL DISTRICT
DECLARATION OF ELIGIBILITY TO HOLD OFFICE

I, ____________________________________________, being duly sworn, state that
(Print the name of the person wishing to be considered for appointment)

I am willing to be considered for selection to the office of school board member, as an appointee to fill a vacancy and that I meet the applicable age, citizenship, residency, and voting qualification requirements prescribed by the constitutions and laws of the United States and the State of Wisconsin, and that I will otherwise qualify for the office if I am appointed by the School Board of the Appleton Area School District.

I further state that I have not been convicted of a felony in any court within the United States for which I have not been pardoned and that I know of no reason that would otherwise make me ineligible to hold the above-identified office.

My present address, including my municipality of residence for voting purposes, is:

Town of ____________________ OR Village of ___________________ OR City of _____________________

__________________________________________________________________________________________
House or Fire Number/Street Name / Mailing Municipality and State / Zip code

_____________________________________________________________________
(Signature of the person, named above, wishing to be considered for appointment)

 

STATE OF WISCONSIN

County of _____________________         ss. 
(County of notarization)

Subscribed and sworn to before me this ________ day of _____________________, 20_______.

______________________________  _  ______________________________
(Signature of Notary)  -  (Printed name of notary)

Notary Public

My commission expires _________________ or  is permanent.

NOTARY SEAL NOT REQUIRED

 

 

Exhibit 3

APPLETON AREA SCHOOL DISTRICT
CERTIFICATE OF APPOINTMENT TO THE SCHOOL BOARD

STATE OF WISCONSIN
APPLETON AREA SCHOOL DISTRICT     ss.

Pursuant to section 17.26 of the Wisconsin Statutes, I, [insert name of the school district clerk], Clerk of the Appleton Area School District, certify that at a meeting held on [insert date of meeting], the remaining members of the School Board appointed [insert name of appointed person] to the office of School Board member. The appointment is for an unexpired term which shall commence [according to the board’s specific appointment decision, insert either of the following: “on {specific date the board established for the appointee to take office}” or “as of the time, no later than {date established by the school board as the deadline for taking office}, that the certified appointee takes and files the official oath”]. The unexpired term of office ends on [insert the date that the appointee’s term ends].

Pursuant to section 17.26(3) of the Wisconsin Statutes, this Certificate of Appointment serves as notice of the appointment. The duly-appointed individual shall be deemed to have accepted the selection unless within five (5) days after being notified of his/her selection (and before taking and filing the Official Oath) such individual files with the school district clerk a written refusal to serve. The certified appointee shall not take office unless and until he/she timely takes and files the Official Oath.

IN TESTIMONY WHEREOF,

I have set my hand this ____ day of _____________________, 20____.

____________________________
(Clerk’s Signature)

Clerk,
Appleton Area School District

  • Series 100: Board of Education