Section 162.261

Title XI EDUCATION AND LIBRARIES

Chapter 162

Effective - 28 Aug 2016, 4 histories, see footnote   (history) 

  162.261.  Seven-director district, board of, terms — vacancies — prohibition on hiring spouse of board member, when — constitutional prohibition on nepotism applies to districts. — 1.  The government and control of a seven-director school district, other than an urban district, is vested in a board of education of seven members, who hold their office for three years, except as provided in section 162.241, and until their successors are duly elected and qualified.  Any vacancy occurring in the board shall be filled by the remaining members of the board; except that if there are more than two vacancies at any one time, the county commission upon receiving written notice of the vacancies shall fill the vacancies by appointment.  If there are more than two vacancies at any one time in a county without a county commission, the county executive upon receiving written notice of the vacancies shall fill the vacancies, with the advice and consent of the county council, by appointment.  The person appointed shall hold office until the next municipal election, when a director shall be elected for the unexpired term.

  2.  No seven-director, urban, or metropolitan school district board of education shall hire a spouse of any member of such board for a vacant or newly created position unless the position has been advertised pursuant to board policy and the superintendent of schools submits a written recommendation for the employment of the spouse to the board of education.  The names of all applicants as well as the name of the applicant hired for the position are to be included in the board minutes.

  3.  The provisions of Article VII, Section 6 of the Missouri Constitution apply to school districts.

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(L. 1963 p. 200 § 3-26, A.L. 1973 H.B. 158, A.L. 1978 H.B. 971, A.L. 1979 H.B. 280, A.L. 2003 S.B. 686, A.L. 2004 S.B. 968 and S.B. 969, A.L. 2016 S.B. 638)

(Source: RSMo 1959 § 165.317)