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Rob Mattheu

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  1. Our state Board of Education has a law that says that a new chair shall be elected at the first regular meeting held after the start of the fiscal year. The board, however, is appointed in April, a few months before the fiscal year. The chair position became vacant when that person's term expired in April. The Board's policy manual states that at that time the Vice Chair becomes the Chair. Immediately after the new members were appointed (the same time the chair's term on the board was up) the new chair called a special meeting to, among other things, elect a new Chair and Vice Chair. At that meeting, the Chair called himself an "interim chair", a position which is not indicated in their policy or state law. He immediately moved to suspend their board policy as it pertains to the timing and methodology of the appointment of new officers and opened the floor for nominations for a chair. He did not officially resign as chair prior to doing this. So I have a few questions. 1) If policy states he becomes the chair upon a vacancy in that position, does he have to resign the position before calling for a new election? 2) If state law dictates the timing of the election of a new chair, is the board within its rights to suspend its own rules surrounding this timing and methodology and pick a new chair before the law says one must be picked? Again, there is already a vice chair who became the new chair after the term of the original chair ended.
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