Oregon Statutes 334.095 – Declaration of vacancy in office of director; removal; recall
Except as provided in ORS § 255.400 to 255.424:
Terms Used In Oregon Statutes 334.095
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(1) The education service district board shall declare the office of a director vacant when the incumbent:
(a) Dies or resigns;
(b) Is removed from office or a court declares the election for the office void;
(c) Ceases to be a resident of a school district that is located within the territory of the education service district;
(d) Subject to subsection (3) of this section, ceases to be a resident of the zone from which nominated;
(e) Ceases to discharge the duties of office for two consecutive months unless prevented from discharging the duties by sickness or other unavoidable cause; or
(f) Is recalled.
(2) The education service district board may not declare the office of a director vacant if the director is a resident of a school district that withdraws from the education service district as provided by ORS § 334.015 unless:
(a) The director’s term expires; or
(b) The education service district board declares the office vacant for a reason described in subsection (1) of this section.
(3) A director nominated from a zone who changes permanent residence from one zone to another zone in which another director resides shall continue to serve as director until the next regular election when a successor shall be elected to serve for the remainder of the unexpired term.
(4) A director guilty of misfeasance or malfeasance in office, by the appropriate proceeding, may be removed from office by a court of competent jurisdiction.
(5) Members may be recalled in the manner provided in ORS § 249.865 to 249.877. If the member was elected by a zone, the recall petition shall be signed by electors from that zone and electors from the zone are the only electors eligible to vote in the recall election. If the member was elected at large, the recall petition shall be signed by electors from the district and electors from the district are eligible to vote in the recall election. [1981 c.131 7,8; 1993 c.784 § 10; 2003 c.576 § 435; 2011 c.705 § 5; 2012 c.91 § 10; 2019 c.449 § 23]