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Can a Texas School Board Trustee resign , resignation was received by Superintendent, then 4 days later be the 4th member of the quorum at a meeting to accept her resignation  and appoint her replacement? 3 other members were unavailable for the meeting.

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Guest Zev

How many members does this school board have and what do the bylaws, or other controlling legal document, says about the quorum?

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52 minutes ago, Sportsnutz said:

Can a Texas School Board Trustee resign , resignation was received by Superintendent, then 4 days later be the 4th member of the quorum at a meeting to accept her resignation  and appoint her replacement? 3 other members were unavailable for the meeting.

Under RONR, yes in terms of accepting the resignation.  The resignation doesn't become effective until accepted (p. 291).

The appointment, however, may create a problem. 

Edited by J. J.

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7 member board, says you have to have 4 for a quorum. Just not sure how a resigned member gets to be the 4th member for quorum. Texas Education Code does say that a Trustee is still a Trustee until his/her replacement is sworn in.

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26 minutes ago, Sportsnutz said:

Just not sure how a resigned member gets to be the 4th member for quorum.

Speaking generally, it's because the member is not, in fact, resigned, until the resignation is accepted.

26 minutes ago, Sportsnutz said:

Texas Education Code does say that a Trustee is still a Trustee until his/her replacement is sworn in.

You'll need to consult an attorney for the implications of this in the event of a resignation. (It can't always be true, for reasons I think are obvious, so there's probably some context, and only a competent attorney should try to interpret it.) It seems to me that, as JJ said, it's safe to conclude that the member may count for quorum and vote until the resignation is accepted, and after that, we're in statute land.

I would note, just in case it comes up, that in this case (a 7 member board) accepting the resignation will not decrease the number needed for quorum. If it were originally a 6 member board, of course, it would. At least, so far as RONR is concerned; again, a statute may impact this issue too.

Edited by Joshua Katz

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3 hours ago, Sportsnutz said:

Can a Texas School Board Trustee resign , resignation was received by Superintendent, then 4 days later be the 4th member of the quorum at a meeting to accept her resignation  and appoint her replacement? 3 other members were unavailable for the meeting.

Until the resignation was accepted, the resigning member was still a trustee, and would count toward a quorum.  But upon acceptance, there would suddenly be only three members present, so a quorum would be lost, and it would not be possible to appoint a replacement at that same meeting.

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