Researcher: JSB Page 1 3/16/21
OLR Bill Analysis
sHB 6108
AN ACT CONCERNING BOARD OF EDUCATION VACANCIES.
SUMMARY
This bill (1) specifies when a failure to take the oath of office creates
a vacancy on a board of education (BOE) and (2) prohibits the
remaining BOE members from filling a vacancy if the next regular
election is fewer than 60 days away. As is the case under current law,
the bill’s BOE provisions do not supersede local charters or special
acts.
The bill also makes a minor change to the law concerning filling
other municipal board or commission vacancies by specifying that it
only applies when a special act, municipal charter, or home rule
ordinance is silent on the matter.
The bill also makes conforming changes.
EFFECTIVE DATE: Upon passage
BOARD OF EDUCATION VACANCIES
Defining Vacancy
The bill specifies two conditions that create a vacancy on a BOE:
1. an elected BOE member fails to take the oath of office within 60
days after his or her term begins, or
2. the individual chosen to fill a BOE vacancy fails to take the oath
of office within 60 days after being chosen.
Filling the Vacancy
Under current law, if there is a BOE vacancy and the local charter or
special act does not provide otherwise, the remaining board members
appoint an individual to fill the vacancy until the next regular election. 2021HB-06108-R000050-BA.DOCX
Researcher: JSB Page 2 3/16/21
The bill prohibits the remaining members from filling a vacancy if the
next regular election is fewer than 60 days away.
Under the bill, if the next regular election is fewer than 60 days
away, (1) the official ballot must specify the BOE vacancy to be filled
and (2) the vacancy must be filled for the unexpired portion of the
office’s term.
OTHER MUNICIPAL BOAR D OR COMMISSION VACA NCIES
The bill also makes a minor change to the law concerning other
municipal board or commission vacancies. Under current law, if not
otherwise specified by law, when a position on a town board or
commission becomes vacant, the remaining members may appoint an
individual to fill the position. If they do not do so within 30 days, the
board of selectmen or town’s chief executive authority may appoint a
qualified individual to fill the vacancy until the next municipal
election. The bill specifies that this law applies to situations in which a
special act, municipal charter, or home rule ordinance does not specify
the procedure for filling vacancies.
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable
Yea 16 Nay 10 (03/02/2021)