Vacancies & Replacement
A vacancy shall be declared by the Board of Directors within 30 days of when a Director:
- Dies;
- Resigns (must be in documented in writing);
- Is removed;
- Refuses to serve as Director; or
- Completes his or her term of service.
A Director position shall also be considered vacant if the authorized number of Directors is increased.
A vacancy that will occur at a specific later date, by reason of a resignation or otherwise, may be filled before the vacancy occurs but the new Director may not take his or her office until the vacancy occurs.
A vacancy on the Board shall be filled in accordance with the Articles or Bylaws. The Board of Directors may fill the vacancy except as otherwise provided below. In accordance with the Bylaws, new Directors will be appointed by a majority vote of Directors at the Corporation’s annual meeting. If the Directors remaining in office constitute fewer than a quorum of the Board, they may fill the vacancy by an affirmative vote of a majority of the remaining Directors.
A new board member may also be approved at the next available publicly posted board meeting, with a quorum of the remaining board members present when a vacancy occurs.
Unless the Articles and Bylaws provide otherwise, if a vacant office was held by an appointed Director, only the person who appointed the Director may fill the vacancy.
If the vacant office was held by a designated Director, the vacancy shall be filled as provided in the Articles or Bylaws. In the absence of an applicable Article or Bylaw, the vacancy may be filled by the Board.
Advertising & Recruitment
The RISE Charter School Board and Executive Director may agree to advertise School Board Director position openings as they deem appropriate, so long as such methods follow Idaho Code.
Cross Reference:
§ 1240 Duties of Individual Directors
Legal References:
I.C. § 30-30-202 Idaho Nonprofit Corporation Act - Incorporation - Articles of Incorporation
I.C. § 30-30-604 Idaho Nonprofit Corporation Act - Directors and Officers - Election, Designation and Appointment of Directors
I.C. § 30-30-605 Idaho Nonprofit Corporation Act - Directors and Officers - Terms of Directors Generally
I.C. § 30-30-606 Idaho Nonprofit Corporation Act - Directors and Officers - Staggered Terms for Directors
I.C. § 30-30-609 Idaho Nonprofit Corporation Act - Directors and Officers - Removal of Designated or Appointed Directors
I.C. § 30-30-610 Idaho Nonprofit Corporation Act - Directors and Officers - Vacancy on Board
Policy History:
Adopted on: May 17, 2021
Revised on: August 19, 2024
Reviewed on: