Monday, July 22, 2013

Draft School Board Ordinance

ORDINANCE 13-XXX
AN ORDINANCE TO ADD A NEW SECTION TO THE CODE OF ORDINANCES OF THE CITY OF LAKELAND TO ESTABLISH A MUNICIPAL SCHOOL BOARD AND TO SUBMIT THE SPECIAL ELECTION OF THE MEMBERS OF THE MUNICIPAL SCHOOL BOARD TO THE QUALIFIED VOTERS OF THE CITY OF LAKELAND ON NOVEMBER 7, 2013, OR AN ELECTION TO BE HELD ON SOME OTHER APPROPRIATE DATE.
WHEREAS, Tennessee Code Annotated § 49-2-127(b) provides that the initial municipal school board shall take office on the first day of the first month following certification of the results of the election to select the members of the initial municipal board;   
WHEREAS, The City of Lakeland elects its governing body from the municipality at large pursuant to the Charter for the City of Lakeland;   
WHEREAS, The Board of Commissioners has determined that the municipality is authorized by its charter to operate a municipal school system, and would possess a student population of sufficient size to comply with State requirements; 
WHEREAS, The Board of Commissioners desires to establish a municipal school board to plan and manage the formation of a municipal school district as well as to manage and operate a municipal school district for the City of Lakeland to take effect at the beginning of the 2014-2015 school year or as soon thereafter as practical, such school district being deemed necessary to promote the education, health, safety, and morals of the residents of the City of Lakeland; 
WHEREAS, The Board of Commissioners intends to enact an ordinance establishing a municipal school board for a municipal school district in the City of Lakeland and authorizing the election of school board members on November 7, 2013 or some other appropriate date and, further, establishing the number of school board members, manner of electing school board members, initial terms for school board members that vary in length, and compensation of school board members;
WHEREAS, A public hearing before the Board of Commissioners on this Ordinance was held on .
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE CITY OF LAKELAND, TENNESSEE, THAT:
Section 1.  A municipal school board for the City of Lakeland shall be established in compliance with applicable State law.
Section 2.  The municipal school board for the City of Lakeland shall consist of five (5) members to be elected from the municipality at large. 
Section 3.  In order to be eligible to be a member of the municipal school board for the City of Lakeland, one must be a citizen of the State of Tennessee, be a resident and qualified voter of the City of Lakeland, have achieved a high school diploma or GED and filed documentation satisfactory to the Shelby County Election Commission evidencing same, have attained the age of eighteen (18) years at the time of their election, and otherwise meet all other requirements of applicable State law at the time one seeks election.   
Section 4.  All elections for the municipal school board for the City of Lakeland shall be conducted on a non-partisan basis.
Section 5.  No member of the governing body of the City of Lakeland shall be eligible for election as a member of the municipal school board for the City of Lakeland. 
Section 6.  The initial terms for members of the municipal school board for the City of Lakeland shall vary in length, provided that all subsequently elected members, other than members to fill a vacancy, shall be elected to four-year terms, with members from even numbered positions elected for an initial term of XXX (X) years and members from odd numbered positions elected for an initial term of XXX (X) years, as follows:
POSITION 1:  Initial XXX (X) year term
POSITION 2:  Initial XXX (X) year term
POSITION 3:  Initial XXX (X) year term
POSITION 4:  Initial XXX (X) year term
POSITION 5:  Initial XXX (X) year term
Section 7.  Members of the municipal school board for the City of Lakeland may succeed themselves.
Section 8.  Vacancies occurring on the municipal school board for the City of Lakeland shall be filled by the Board of Commissioners by appointment of a person who would be eligible to serve as a member of the municipal school board, with such member to serve until a successor is elected and qualifies according to applicable law, the successor to be elected at the next general election for which candidates have sufficient time to qualify under applicable law. 
Section 9.  The initial municipal school board for the City of Lakeland shall take office on the first day of the first month following certification of the results of the election to select the members of the initial municipal board.  
Section 10.  Compensation for members of the municipal school board for the City of Lakeland shall be $XXX per annum.
Section 11.  A municipal special election to select the members of the initial municipal school board of the City of Lakeland shall be held on November 7, 2013, or on some other appropriate date.
Section 12.  The City of Lakeland, in accordance with state law, shall file this ordinance with the Shelby County Election Commission with a request that the special election to select the members of the initial municipal school board of the City of Lakeland be held on November 7, 2013.
Section 13.    If the Shelby County Election Commission cannot hold the election to select the members of the initial municipal school board of the City of Lakeland on said November 7, 2013, the election shall be held on a date within the time prescribed by applicable State law.
Section 14. BE IT FURTHER ORDAINED that this ordinance shall take effect upon its passage on second and final reading, the health, safety and welfare of the citizens requiring it.
ADOPTED this _______ day of _______________________, 2013.
First Reading _____________________
Public Hearing _____________________
Second Reading _____________________
Scott Carmichael, Mayor              
ATTEST:
Sontidra L. Thomas, CMC
City Recorder

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