Section 6-61-520 - Local boards - Establishment - Members(a) The local control of each community college shall be vested in a local board composed of nine (9) members who are residents and qualified electors of the community college district.(b)(1) All members shall be elected for terms of six (6) years by the qualified electors of the community college district at the general election immediately preceding the expiration of the expiring terms, and the newly elected members shall take office on January 1 next following the date of their election.(2)(A) However, the election shall be held at the annual school election if the community college district is composed solely of one (1) or two (2) entire school districts, other than any portion of the school district that is in another county, and whose boundary is contiguous with that portion of the school district that is located in the county in which the community college is located.(B)(i) For those elections held at the annual school election under subdivision (b)(2)(A) of this section, if no more than one (1) person files as a candidate for membership on the local board and the question of the rate of millage to be levied for the support of the community college district is not on the ballot, the local board, by resolution, may request that the county board of election commissioners open no polling places on election day so that the election shall be conducted by absentee ballot and early voting only.(ii) If an election held at the annual school election under subdivision (b)(2)(A) of this section is conducted by absentee ballot and early voting only: (a) The election shall be conducted on a ballot separate from the ballot for the annual school election; and(b) The local board of the community college shall reimburse the county for the cost of conducting the election by absentee ballot and early voting. The community college shall pay the expenses of the election out of its general operation funds under § 6-61-601.(c)(1)(A) Candidates for membership on the local board shall run by position and shall be elected on a nonpartisan basis, and there shall be no mark or designation on the ballot indicating the party affiliation of the candidates.(B) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot by the county board of election commissioners.(2) Any person desiring to be a candidate for a position on the local board shall, during the respective filing period set forth in § 6-14-111(e)(1), file a notarized statement of such candidacy with the county clerk of each county of which any portion is in the community college district, in substantially the following form: Click here to view form.
(3)(A)(i) At the time of filing the statement of candidacy, the candidate shall file a petition containing the signatures of at least twenty-five (25) qualified electors of the district, requesting that the name of the candidate be placed on the ballot as a candidate for the position on the local board.(ii) If the candidate is unopposed, § 7-5-207 shall apply.(B) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (c)(2) of this section.(4)(A) The county board of election commissioners of each county of which a portion is a part of the community college district shall certify the results of the election in that county to the local board of the community college.(B) The local board of the community college shall officially canvass the returns, declare the candidate elected for each position, and make a record of the election upon its minutes.(5) The candidate receiving the highest number of votes for each position on the local board to be filled at the election shall be elected to fill the particular position, and it shall not be necessary that the person elected receive a majority of all votes cast for all candidates for such position.(d)(1) Vacancies on any local board due to death, resignation, or other causes shall be filled by appointment of the Governor.(2) When the term of office in which the vacancy occurs expires on December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve the remainder of the unexpired term.(3) When the term of office in which the vacancy occurs extends beyond December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve only until the general or annual school election, at which election a person shall be elected by the qualified electors of the district to fill the remainder of the unexpired term.(4) When a vacancy occurs, the local board shall officially recognize that the vacancy exists, enter the recognition of the vacancy upon its minutes, and notify the Governor, requesting that he or she make an appointment to fill the vacancy as provided by law.(5) The Governor shall officially notify the local board of his or her appointment of the new member, which the local board shall enter upon its minutes.(e)(1) After a merger between a community college and a four-year institution of higher education or a university system, control of the community college may be vested in the board of trustees of the four-year institution of higher education or the board of trustees of the university system.(2) If the control of the community college is vested in the board of trustees of a four-year institution of higher education or the board of trustees of a university system, the board of trustees shall perform the functions, duties, and responsibilities of the former governing body of the community college and the provision of subsections (a)-(d) of this section and § 6-61-529 do not apply.(f)(1) After a merger under subsection (e) of this section, the former governing body of the community college may become a board of visitors performing such functions as determined by the board of visitors and the board of trustees of the four-year institution of higher education or the board of trustees of the university system.(2) The membership of the board of visitors, including the number of members, term of membership, and method of appointment of members shall be decided by the board of trustees of the four-year institution of higher education or the board of trustees of the university system.(g) The establishment of a board under this section shall not be required for an institution of higher education that: (1) Converts to a community college under § 6-53-401 et seq.; and(2) Is under the control of a board of trustees of a university system.Amended by Act 2023, No. 726,§ 4, eff. 8/1/2023.Amended by Act 2021, No. 349,§ 2, eff. 7/28/2021.Amended by Act 2019, No. 597,§ 5, eff. 7/1/2019.Amended by Act 2017, No. 47,§ 1, eff. 8/1/2017.Amended by Act 2015, No. 967,§ 1, eff. 7/22/2015.Amended by Act 2015, No. 955,§ 3, eff. 4/2/2015.Acts 1977, No. 560, § 10; A.S.A. 1947, § 80-4910; Acts 1993, No. 981, § 1; 1999, No. 470, § 1; 2009, No. 1480, § 11; 2011, No. 890, § 1; 2011, No. 1185, § 2.