Tennessee § 49-2-1202 - Consolidated board.

§ 49-2-1202. Consolidated board.

Any plan of consolidation shall provide for a consolidated board of education, sometimes called “the board” in this part, to be composed of five (5), seven (7) or nine (9) members whose terms of office shall be either four (4) years or six (6) years, as the plan may determine. Alternative 1. The plan may provide that the members of the board shall be elected at the general election in August and as determined by the plan, in one (1) of three (3) following modes: The plan may provide for the election by popular vote of five (5) or seven (7) board members who shall be bona fide residents of the county, without further restriction as to place of residence; The plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, each district board member to be voted upon and elected by the voters in the particular school district of which the board member is a bona fide resident; or The plan may provide for the election of five (5) or seven (7) board members by popular vote of the entire electorate of the county, but with the requirement that all five (5) or seven (7) members shall be bona fide residents of different school districts, in which event that person shall be elected who receives more votes county wide than any other person residing in the same district. In the event the plan adopts the option provided for in subdivision (b)(1)(B) or (b)(1)(C), the plan shall create five (5) or seven (7) school districts of approximately equal population and shall prescribe the boundaries of the school districts. The plan shall also provide appropriate plans for reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population. Terms of office of members of the board shall be staggered. To bring about such staggered terms, there shall be elected five (5) or seven (7) members of the board at the first general election held subsequent to the adoption of the plan. If the plan provides for full terms of six (6) years, then of the seven (7) members originally elected, those three (3) who receive the higher number of votes shall serve for terms of six (6) years, those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining members shall serve for terms of two (2) years. If the plan provides for five (5) members and full terms of six (6) years, then of the five (5) members originally elected, those two (2) who receive the higher number of votes shall serve for terms of six (6) years. Those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining member shall serve for a term of two (2) years. If the plan provides for full terms of four (4) years, then of the seven (7) members originally elected, those four (4) who receive the higher number of votes shall serve for terms of four (4) years and the remaining members shall serve for terms of two (2) years. If the plan provides for five (5) members and full terms of four (4) years, then of the five (5) members originally elected, those three (3) who receive the higher number of votes shall serve for a term of four (4) years and the remaining members shall serve for terms of two (2) years. In the event of a tie vote, the board shall designate the respective terms of those receiving the same number of votes. Subsequent to the first election, members of the board shall be elected for the full term provided in the plan. All vacancies on the board shall be filled for the unexpired term at the next regular general election occurring more than thirty (30) days subsequent to the vacancy. Immediately after the vacancy occurs, the remaining members of the board shall fill the vacancy on an interim basis by the selection of a person qualified under this part to fill the vacancy on a permanent basis. The interim member shall hold office until the vacancy is permanently filled at the next general election. Alternative 2. As another alternative, the plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, to be chosen in the following manner: Where one (1) or more school districts are wholly within the corporate limits of a municipality, members of the consolidated board of education from such districts shall be selected by the governing body of the municipality; Where one (1) or more school districts are wholly outside of the corporate limits of a municipality, the members of the board representing such districts shall be selected by the governing body of the county; Where one (1) or more school districts are partly within and partly outside of the corporate limits of a municipality, the board members representing such districts shall be selected by the governing body of the municipality or by the governing body of the county, depending upon whether a majority of the population of the school district resides within the municipality or without the municipality. Terms of board members under this alternative shall be so staggered as the plan may determine. All vacancies on the board under this alternative shall be filled for the unexpired term by the appointing authority with respect to the members of the board from such district. Alternative 3. As a third alternative, the plan may provide for the election of five (5), seven (7) or nine (9) board members by popular vote at the August general election, with the requirements that at least a majority of the number of board members be bona fide residents of particular districts and elected from such districts, and the remaining number of members being bona fide residents of the county and elected from the county at-large. The plan may further provide that a certain number of districts be completely within the largest municipality in the county and certain districts completely within the county outside of such largest municipality, and a certain number of districts be coincident with the boundaries of the entire county, including the largest municipality. Electors within the city may be permitted to vote for candidates from all districts within the city and for candidates at-large. Electors outside of the city may be permitted to vote for candidates from all districts outside the city and for candidates at-large. The plan shall provide that no more than one (1) member from the county at-large shall be a resident of the same geographical district. The districts provided by the plan shall be of approximately equal population and the boundaries of the districts shall be described in the plan. The plan shall also provide appropriate procedures for the reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population. Terms of board members shall be staggered. Every consolidated board of education shall have all powers and duties conferred by general law upon county boards of education or city boards of education. The board is also authorized to do all things necessary or proper for the establishment, operation and maintenance of an efficient and accredited consolidated school system, not inconsistent with this part or other general law. Acts 1963, ch. 246, § 6; 1970, ch. 497, § 1; 1973, ch. 268, §§ 1, 2; T.C.A., § 49-420. Law Reviews. Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011). Attorney General Opinions. Effect of county's withdrawal from Tennessee consolidated retirement system. OAG 12-66, 2012 Tenn. AG LEXIS 66 (6/29/12).