Resignation of trustee due to loss of qualifying status--Filling of vacancy.

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3-12C-205. Resignation of trustee due to loss of qualifying status--Filling of vacancy.

If any trustee no longer serves in the capacity that qualified the trustee for membership on the board, the trustee is considered to have resigned from the board on June thirtieth of the following calendar year. The vacancy created by the resignation shall be filled through the annual election process. However, if the vacancy is not filled through the annual election process, the board shall fill the vacancy by appointment. The person elected or appointed shall serve a four-year term regardless of the time remaining in the term of the trustee who ceased serving in the qualifying capacity. The provisions of this section do not apply to any trustee who, on January 1, 2019, is no longer serving in the capacity that qualified the trustee.

Source: SL 1959, ch 84, §8; SDC Supp 1960, §15.3912; SL 1961, ch 255, §7; SDCL §§9-15-6, 13-45-12; SL 1970, ch 106, §2; SL 1974, ch 35, §11; SL 1982, ch 32, §2; SL 2011, ch 21, §2; SDCL §3-12-53; SL 2019, ch 22, §1; SL 2019, ch 23, §6.


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