Section 3: TERMS OF OFFICE This section provides for the term of office of members of School Boards to begin, as a general rule, on 1 December in the year of their election and to expire on 30 November four years later and on-going transitional arrangements to bring into line with the general rule, the expiry dates of the terms of office of elected members of School Boards established outwith the regular election period in a relevant year (1 September to 30 November in an odd year). Transitional arrangements to bring into line with the general rule the expiry dates of the terms of office of members of School Boards elected before the commencement of section 29 are covered by subsections (2) to (7) of that section (see Annex A). The effect of the subsection is that the term of office of a School Board member elected at a regular election shall be four years, except as provided for by subsection (3). Section3(3) provides that the term of office of half of the parent members, to be selected by agreement or by drawing lots, elected when a Board is first established shall expire depending on when the Board is established. Where a Board is established during or up to 12 months after a regular election period, their term of office shall expire at the end of the next regular election period, and where a Board is established up to 9 months before the start of a regular election period, their term of office shall expire at the end of the second regular election period after the Board is established. The term of office of the remaining members shall expire at the end of respectively, the second and third regular election periods in relevant years after the Board's establishment. In selecting the half of parent members, they might decide on the basis of the number of votes cast at the election, the likely length of interest in the school (for example, the parent of a pupil in P5 may find a 2 year term more desirable), or any other basis. If they cannot agree, the selection is to be made by drawing lots. This provision has the effect that half of the parent members elected when a Board is first established shall hold office for only two years so that half the parent members will come up for election every two years. It also makes provision in the case of Boards established outwith a regular election period (1 September to 30 November in an odd year) to bring the terms of office of members of such Boards into line with the fixed biennial pattern established by section 2A. Section3(4) provides that the term of office of a co-opted member shall expire 4 years after the date of his co-option. Section 3(4A) makes provision for the term of office of a parent member co-opted under section 2A(4) to fill a vacancy arising as a result of insufficient parents being elected at a regular election of parent members. It provides that the term of office of such a member shall expire at the end of the regular election period in the second relevant year after the election which gave rise to the co-option. A parent co-opted following the 2001 regular election would, for example, serve until 30 November 2005. Section 3(4B) makes provision for the term of office of a member co-opted under section 2B(3) to fill a vacancy arising during a parent member's term of office. It provides that the term of office of such a member shall expire at the end of the regular election period in the next relevant year after the co-option takes place. The co-opted person would be a member for up to two years. A person co-opted in June 2001 would, for example, serve until 30 November 2001 and a person co-opted in December 2001 would serve until 30 November 2003. Section 3(6) provides that parent members of a School Board who cease to be eligible to serve in the capacity in which they were elected or co-opted, may continue as members of the Board until the next regular election, provided that their remaining term of office is less than 2 years. If their remaining term of office is more than 2 years, they must step down at the time they cease to be eligible to serve in that capacity. Section 3(7) provides that a member of a Board may resign at any time, by giving written notice to the Clerk to the Board or to the education authority. In most cases, written notice will be given to the Clerk to the Board but there may be instances when the notice has to be given to the authority, for example, where there is no Clerk or when a Board member who is also the Clerk wishes to resign. It is important that the education authority are notified as soon as possible to allow them to inform parents that a vacancy has arisen and the circumstances under which a by-election will be held within the timescales provided by section 28(1) of the 2000 Act and 2A(5) of 1988 Act. Section 3(8) empowers a School Board to remove any member whom they are satisfied is unable to carry out his or her duties because of illness or incapacity. It also empowers the Board to remove a member where they are satisfied that that member has failed without good cause to attend meetings for a continuous period of at least 6 months provided that he or she has also failed without good cause to attend three consecutive meetings. There is no power to remove a disruptive member simply for that reason. |