Kansas statute doesn’t clearly spell out a step-by-step process for replacing school board members, although K.S.A. 25-2022 states a notice shall be published in the newspaper “when a vacancy occurs.” To date, Shelta Collins has officially resigned, and Tim Rayburn has notified the district of his intent to resign. Neither resignation has been formally accepted by the board. The statute also requires that board members wait 15 days after publication before making the appointment. According to Donna Whiteman, assistant executive director of legal services for the Kansas Association of School Boards, the board isn’t required to formally accept a letter of resignation during a public meeting prior to publishing the vacancy.
Whiteman said a primary intent of the state statute is that the replacement process be done in a transparent fashion. “The one thing we’re concerned always about is the appointment has to be made in an open meeting. And the public has to be able to see and hear that,” Whiteman said. The law doesn’t clearly specify whether Rayburn can vote on his own replacement.
(Read more: Gardner News)