AN ACT relating to local boards of education.

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AN ACT relating to local boards of education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 4 of this Act: 5
(1) "Neglect of duty" means: 6
(a) The commission of a trespass or wrongful act in the performance of an 7
official duty; 8
(b) Acceptance of a bribe of money or other valuable consideration to induce 9
failure to perform duties prescribed by law; 10
(c) Willful or careless failure to exercise due diligence in the performance of 11
an official duty, or intentional failure to perform a duty imposed by statute 12
or the Constitution of Kentucky; 13
(d) Commission of an act or acts of misfeasance or malfeasance while in office; 14
(e) Violation of the oath of office; 15
(f) Willful misuse, conversion, or misappropriation, without authority, of 16
public property or public funds entrusted to or associated with the office; 17
(g) Habitual impairment in office due to ingestion or other use of alcohol, an 18
illegal substance, or a controlled substance as defined in KRS 218A.010; 19
(h) Conviction of forgery, perjury, or any felony while in office; 20
(i) Conviction of two (2) Class A misdemeanors within an eight (8) year period 21
while in office; 22
(j) Conduct in a manner which relates to and adversely affects the 23
administration of the office and adversely affects the rights and interests of 24
the public; 25
(k) Incapacity; or 26
(l) Incompetence; and 27
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(2) "Neglect of duty" shall not include the discretionary performance of a lawful act 1
or a prescribed duty. 2
SECTION 2. A NEW SECTION OF KRS CHAPTER 160 I S CREATED TO 3
READ AS FOLLOWS: 4
(1) In addition to other methods for removal as provided in the Constitution of 5
Kentucky and as permitted by law, members of district boards of education shall 6
be subject to recall from office for neglect of duty. 7
(2) (a) No fewer than five (5) voters who are eligible to vote in an election for the 8
relevant district board of education position may commence recall 9
proceedings by filing a notice of intent with the county clerk of the county 10
in which the school district is located that declares the intent to circulate a 11
petition for a recall election. 12
(b) The notice of intent shall include: 13
1. The statement "We, the undersigned registered voters of (name of 14
school district), declare our intent to circulate a petition for a recall 15
election of (name and, if it is a county school district, the division the 16
member to be recalled represents) for neglect of duty as defined in 17
Section 1 of this Act."; 18
2. A copy of the petition for a recall election to be circulated. Signatures 19
shall not be affixed to a petition for a recall election prior to the filing 20
by the county clerk of a notice of intent. The petition for a recall 21
election shall not be amended or supplemented after the notice of 22
intent has been filed; 23
3. The signature and legibly pri nted name of each voter who has signed 24
the notice of intent, the voter's residential address and date of birth, 25
and the date signed; 26
4. A designation by name and address of five (5) of the voters who have 27
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signed the notice of intent, who shall: 1
a. Constitute the members of the petition committee; 2
b. Be responsible for circulating the petition for a recall election; 3
and 4
c. Properly file the petition for a recall election as required by 5
subsections (3) to (7) of this section with the county clerk; 6
5. The iden tity of one (1) of the five (5) members of the petition 7
committee who will serve as the chief petitioner; and 8
6. The address to which all notices to the petition committee are to be 9
sent. 10
(c) The notice of intent shall not: 11
1. Be filed during the first ninety (90) days of the term of office of the 12
district board of education member named in the petition; 13
2. Be filed less than one hundred and eighty (180) days prior to the 14
regular election the recall question would appear on the ballot; 15
3. Be filed for a regular election which would require the recall question 16
to appear on the same ballot as the district board of education member 17
named in the petition for a recall election would appear for reelection; 18
or 19
4. Demand the recall of m ore than one (1) district board of education 20
member. 21
(d) The county clerk shall immediately deliver a copy of a notice of intent filed 22
in accordance with this subsection to the district board of education member 23
named in the petition. 24
(3) A petition for a recall election: 25
(a) Shall be signed by voters who are: 26
1. Registered and reside in: 27
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a. The district, if it is an independent school district; or 1
b. The division the member represents, if it is a county school 2
district; and 3
2. Eligible to vote in an elect ion for a vacancy in that district board of 4
education position; and 5
(b) May consist of one (1) or more separate signature sheets. Each signature 6
sheet shall include: 7
1. The statement "We, the undersigned registered voters of (name of 8
school district), peti tion for a recall election of (name and, if it is a 9
county school district, the division the member to be recalled 10
represents) for neglect of duty as defined in Section 1 of this Act. The 11
question on the ballot shall read: 'Are you in favor of recalling (n ame 12
and, if it is a county school district, the division the member to be 13
recalled represents) which shall result in removal of (name of district 14
board of education member) from office?'"; 15
2. The statement "Any person who gives or receives money or any oth er 16
thing of value for signing a petition for a recall election shall be guilty 17
of a Class A misdemeanor."; 18
3. The signature, executed in ink or indelible pencil, followed by the 19
legibly printed name of the voter; 20
4. The voter's residential address; 21
5. The voter's date of birth; and 22
6. The date the voter signed the petition. 23
(4) If a voter is incapable of signing his or her own name on the petition for a recall 24
election, the voter may specifically request the circulator of the petition to sign 25
and print the voter's name and complete the information required on the petition 26
sheet to accompany the signature, provided the circulator shall also sign his or 27
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her full name beside the printed name of the voter. 1
(5) All papers of the petition for a recall election sha ll be substantially uniform in 2
size and style and shall be assembled in one (1) instrument for filing. 3
(6) The number of voters necessary to petition the recall of the office by election shall 4
be equal to twenty-five percent (25%) of the total votes cast i n the last election for 5
the district board of education position being recalled. 6
(7) After a petition for a recall election has received no fewer than the number of 7
qualifying signatures required by subsection (6) of this section, the signed 8
petition shall be filed with the county clerk of the county in which the school 9
district is located on or before 4 p.m. local time on the earlier of: 10
(a) Ninety (90) days after the filing of the notice of intent; or 11
(b) June 1 of the year the recall question would appea r on the regular election 12
ballot. 13
(8) A signer of the petition shall not withdraw his or her name or have it removed 14
from the petition after the petition has been filed in accordance with subsection 15
(7) of this section unless his or her name has been place d on the petition for 16
recall without that person's authority. If a name has been placed on the petition 17
for a recall election without authority, that person may appear before the county 18
board of elections at any time before the county clerk determines whet her the 19
petition is regular on its face and contains enough signatures of voters to place 20
on the ballot as required by subsection (6) of this section. Upon proof that the 21
person's name was placed on the petition without his or her authority as 22
determined by a majority vote of the county board of elections, the person's name 23
and personal information required in subsection (3) of this section shall be 24
removed. When the person's name and personal information has been removed, 25
he or she shall not be counted as a petitioner. 26
(9) The inclusion of any invalid signature on a page shall not invalidate the entire 27
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page of the petition. 1
(10) After the petition for a recall election has been filed with the county clerk, the 2
clerk shall: 3
(a) Immediately notify the district board of education member named in the 4
petition that a petition for a recall election has been received; and 5
(b) Make a dete rmination, within thirty (30) days, of whether the petition is 6
regular on its face and contains enough voters' signatures to place the 7
petition for a recall election before the voters. 8
(11) (a) If the county clerk finds the petition for a recall election: 9
1. Contains enough signatures and is regular on its face, the clerk shall: 10
a. Certify to the petition committee and the district board of 11
education member named in the petition for a recall election that 12
the petition is properly presented and in compliance with the 13
requirements of this section, and that the recall question shall be 14
placed before the voters for approval or rejection; and 15
b. Place the question stated in the petition on the ballot for the next 16
regular election to be held in that school distric t so that each 17
voter may by his or her vote answer "yes" or "no"; or 18
2. Is insufficient, the clerk shall, within the thirty (30) day period 19
provided in subsection (10) of this section, notify the petition 20
committee, in writing, sent by certified mail, of the specific deficiencies 21
found, including the count of valid and invalid signatures. 22
(b) After receiving notice that a petition for a recall election is insufficient, the 23
petition committee may submit supplemental signatures obtained and filed 24
with the cou nty clerk before fourteen (14) days have passed since receiving 25
the notice if: 26
1. The originally filed petition contained an adequate number of 27
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signatures if counting both the valid and invalid signatures; and 1
2. The supplemental signatures are filed on or before the second 2
Tuesday in August preceding the day fixed by law for holding a 3
regular election. 4
(c) The county clerk shall, within fourteen (14) days from the date 5
supplemental signatures are filed, make a determination on whether the 6
petition, as amen ded by the supplemental signatures, is timely, regular on 7
its face, and contains enough voters' signatures to place the petition for a 8
recall election before the voters. If the county clerk finds the petition for a 9
recall election is timely, contains enoug h signatures, and is regular on its 10
face, the clerk shall proceed in accordance with paragraph (a) of this 11
subsection. If the county clerk finds the petition for a recall election is 12
insufficient, the clerk shall, notify the petition committee, in writing, sent by 13
certified mail, of the specific deficiencies found, including the count of valid 14
and invalid signatures. 15
(12) The county clerk's determination of the sufficiency of a petition for a recall 16
election shall be subject to final review by the Circuit C ourt of the county in 17
which the school district is located. The review shall be limited to the validity of 18
the county clerk's determination. Any petition for review challenging the county 19
clerk's determination on a petition for a recall election shall be f iled within ten 20
(10) days of the issuance of the clerk's determination. The Circuit Court shall 21
schedule the petition for review for a hearing to be held within fourteen (14) days 22
from the date a petition for review is filed. 23
(13) Any recall election under this section shall be held at the next regular election. 24
(14) (a) The result of the election shall be certified by the county board of elections. 25
The certificate of the result shall be immediately filed with the county clerk, 26
and the county judge/executiv e shall have the certificate entered on the 27
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order book. 1
(b) If the district board of education member named in the petition for recall is 2
recalled upon final certification of the result of the election, a vacancy in 3
the office of the recalled member shall be declared and the vacancy shall be 4
filled as prescribed by KRS 160.190. The recalled district board of education 5
member shall: 6
1. Not be appointed to fill the vacancy; and 7
2. Be disqualified from holding any office in the state for a period of four 8
(4) years. 9
(c) If the district board of education member named in the petition for recall is 10
not recalled upon final certification of the result of the election, the member 11
shall not be the subject of a petition for recall for at least one (1) year from 12
the date of the previous recall election. 13
(15) If the district board of education member named in the petition for a recall 14
election dies, or submits a resignation in writing, a vacancy in the office of that 15
member shall be declared and a recall election shall n ot be held. The vacancy 16
shall be filled as prescribed by KRS 160.190. The district board of education 17
member named in the petition for a recall election shall not be appointed to fill 18
the vacancy. 19
(16) The right of any voter or the district board of educat ion member named in the 20
petition for a recall election to contest or recount an election under KRS Chapter 21
120 shall not be impaired. 22
(17) The forms required under subsections (2) and (3) of this section shall be provided 23
by the State Board of Elections by administrative regulation promulgated in 24
accordance with KRS Chapter 13A. 25
SECTION 3. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 26
READ AS FOLLOWS: 27
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(1) The canvass and returns under subsection (16) of Section 2 of this Act shall 1
constitute the official returns for the recall election, unless before 4 p.m. on the 2
Tuesday following the regular election, the county clerk or the county board of 3
elections takes notice of a discrepancy in the tally of votes cast in any precin ct or 4
number of precincts, or the district board of education member named in the 5
petition under Section 2 of this Act makes a written request to the county board of 6
elections to check and recanvass the voting machines and absentee ballots of any 7
precinct or any number of precincts involving the petition for a recall election. 8
Any recanvass shall proceed as under KRS 117.305. 9
(2) At any recanvass, the committee favoring the recall and the district board of 10
education member named in the petition for a recall election may be present. As 11
provided in KRS 117.305, the county board of elections shall authorize 12
representatives of the news media to observe the recanvass of the votes cast on the 13
voting machines in each precinct. This section shall not prohibit an individual 14
from requesting, in addition to a recanvass, a recount as authorized by KRS 15
Chapter 120. 16
SECTION 4. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 17
READ AS FOLLOWS: 18
Any person who gives or receives money or any other thing of value for signing a 19
petition for a recall election under Section 2 of this Act shall be guilty of a Class A 20
misdemeanor. 21
Section 5. KRS 160.190 is amended to read as follows: 22
(1) Any vacancy in any board of education shall be filled by a majority vote of the 23
remaining members of the local board within sixty (60) days after the vacan cy 24
occurs. Within thirty (30) days of the vacancy, the local board shall, for two (2) 25
weeks, have solicited applications by posting a notice announcing the vacancy on 26
the district's website and by placing an advertisement in the newspaper of the 27
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largest ge neral circulation in the county. An applicant shall file a letter of intent 1
with the local board affirming that the applicant meets the eligibility requirements 2
as established by KRS 160.180 and shall submit with the application a transcript 3
evidencing completion of the twelfth grade or results of a twelfth grade equivalency 4
examination. After the two (2) weeks of advertisement on the district's website and 5
in the newspaper, the local board shall select from the applicants under this 6
subsection to fill the vacancy. 7
(2) If the local board fails to make an appointment under subsection (1) of this section, 8
then the chief state school officer shall fill the vacancy within sixty (60) days of the 9
failure. 10
(3) The member chosen under this section shall: 11
(a) Meet the eligibility requirements as established by KRS 160.180;[ and shall ] 12
(b) Be subject to recall from office for neglect of duty in accordance with 13
Section 2 of this Act; and 14
(c) Hold office until: 15
1. His or her successor is elected or appointed, and has qualified; or 16
2. The member is recalled pursuant to Section 2 of this Act. 17
(4) Any vacancy having an unexpired term of one (1) year or more on August 1 after 18
the vacancy occurs shall be filled for the unexpired term by an election to be held at 19
the next reg ular election after the vacancy occurs. The elected member shall 20
succeed the member chosen under subsection (1) or (2) of this section to fill the 21
vacancy. Nominating petitions shall be filed with the county clerk not later than the 22
second Tuesday in August preceding the day for holding the regular election for the 23
unexpired term. Declarations of intent to be a write -in candidate shall be filed with 24
the county clerk in accordance with KRS 117.265. 25
(5) (a) If no candidate files a petition of nomination or de claration of intent to be a 26
write-in candidate to fill an unexpired term on a local board of education 27
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under subsection (4) of this section, then a new vacancy shall exist on 1
November 1 and the vacancy shall be filled according to subsection (1) of this 2
section. 3
(b) If no candidate files a petition of nomination or declaration of intent to be a 4
write-in candidate for a new term on a local board of education opening 5
pursuant to KRS 118.315 and 118.365, then a vacancy shall exist on January 1 6
and the vacancy shall be filled according to subsection (1) of this section. 7