North Dakota

NDCC, 15-27.1-03

NORTH DAKOTA CENTURY CODE

TITLE 15. EDUCATION

CHAPTER 15-27.1. ANNEXATION, REORGANIZATION, AND DISSOLUTION OF SCHOOL DISTRICTS -- GENERAL PROVISIONS

§ 15-27.1-03 County committee -- Appointment -- Size and compensation.

1. Each county in this state shall have a county committee formed by the selection of one resident from each of the county commissioner districts within the county. Each member is entitled to receive the actual and necessary expenses incurred in the performance of official duties in the amounts provided by law for state officers and employees. Each member is entitled to receive twenty-five dollars as compensation for each meeting of the committee actually attended by the member. The office of management and budget shall pay by warrant the compensation and expenses as directed by the superintendent of public instruction from moneys appropriated for that purpose.

2. The term of each member is three years, staggered so that one term expires each year. The county superintendent with the approval of the board of county commissioners shall appoint the members of the county committee. Vacancies must be filled in the same manner for the unexpired portion of the term. If a member fails, refuses, or is unable to perform the required duties, the county superintendent, upon petition of a majority of the school boards having territory wholly or partially within the district which the member was appointed to represent, shall declare the position of the member vacant, and shall immediately appoint a new member to the committee from that district.

3. If the county is redistricted and as a consequence members of the county committee are placed in the same county commissioner district, a new member must be appointed who is a resident of the new unrepresented district or districts, and as between the members currently serving on the county committee who are residents in the same district, the member whose term expires latest in point of time shall serve. If all the terms expire at the same time, the affected members shall decide who shall serve by lot. If the county, through redistricting, thereafter elects its county commissioners at large, members of the county committee must continue to be selected from those commissioner districts established by the districting plan in effect at the time the county is districted at large.

NDCC, 15-28-01

NORTH DAKOTA CENTURY CODE

TITLE 15. EDUCATION

CHAPTER 15-28. PUBLIC SCHOOL DISTRICT ELECTIONS

§ 15-28-01 School board members, number, and terms -- Elections to be at large -- Reorganized districts vote once.

1. Each school board of a public school district in this state must be composed of five members, unless:

a. Such district has increased its membership under the provisions of this section;

b. Such district has increased its membership under the provisions of any prior law permitting such increase; or

c. Such district is, at the time of July 1, 1971, operating with a school board composed of other than five members, in which case the number of members of such board must remain unchanged unless increased under the provisions of subsection 2.

2. The number of school board members in any public school district may be increased to either five, seven, or nine or decreased to seven or five if a petition signed by at least one-third of the qualified electors of the school district as determined by the number of persons voting at the most recent annual school district election is filed with the school board asking for such change, and the change is approved by a majority of the qualified electors of the district voting on the question at a special election called for that purpose. If approved, the additional members must be elected to the board at the next annual school district election in the same manner as other school board members. If the total number of board members after the increase is approved is five, two shall serve until the first annual election, two until the second annual election, and one until the third annual election thereafter. If the total number of board members after the increase is approved is seven, three shall serve until the first annual election, two until the second annual election, and two until the third annual election thereafter. If the total number of board members after the increase is approved is nine, three shall serve until the first annual election, three until the second annual election, and three until the third annual election thereafter. All such members shall serve for the terms prescribed in this section and until their successors are elected and qualified, and the length of the respective terms of those members elected as a result of the increase in membership of the board shall be determined by lot. The length of any term which existed prior to the increase in membership and which is held by a member who has duly qualified, may not be modified by such determination. Terms subsequent to the first must be for the normal term of three years, and until a successor is elected and qualified. School board members must be elected at large, except that if the district in which they are elected has been reorganized, such members may be elected either at large or by geographical area. In reorganized districts, in which an increase in the membership of the board is proposed, the election on the reorganization proposal takes the place of the petition and election requirements of this subsection, and approval of the reorganization proposal has the same effect as if the approval were by the election provided for in this subsection.

Should a decrease to not fewer than five members be approved by the qualified electors voting on the question, the excess number of members will serve out existing terms until the number approved by the qualified electors has been reached.

3. If a school board has elected to convert to four-year terms of office for school board members as provided for in subsection 3 of > section 15-28-03 and has also increased the number of board members pursuant to subsection 2 of this section, the board by lot or by some other random selection method shall provide for such a combination of initial terms of office not to exceed four years for the new board members. Such a combination must equalize to the greatest extent feasible the number and length of terms for old and new members to be elected during the next three election years. The members' terms must be staggered and must expire in even-numbered years.

NDCC, 15-28-02

§ 15-28-02 Rural members of school board -- Definitions.

When a school district is composed of six or more sections of land having a city within its boundaries and when the population of the school district does not exceed two thousand persons, at least two members of the school board must be residents upon farms outside the corporate limits of the city. When a school district is composed of six or more sections of land and has within its boundaries a city with a population of more than two thousand but less than fifteen thousand persons, and has at least twenty-five families residing upon farms outside the corporate limits of the city but upon farmsteads located within the school district and sending children to school in such school district, at least one member of the board must be a resident upon a farm outside the corporate limits of the city. However, if the taxable valuation of agricultural property in the rural area of a school district containing a city is greater than the taxable valuation of the urban area of the district, the majority of the members of the school board shall reside upon farms outside the corporate limits of the city; provided, that all voters of the school district, regardless of whether the district is reorganized, are entitled to vote for each candidate to the school board whenever the variance in population between any of the geographic voting areas of the school district is in excess of ten percent.

For purposes of this section, school board members must be considered as rural members and as residing upon a farm if they reside within a city that according to the latest federal census has a population of two hundred or less and is located within a school district that has four or more incorporated cities within its boundary. For purposes of this section:

1. "Agricultural property" means property outside the limits of an incorporated city and zoned agricultural.

2. "Rural" means property outside the limits of an incorporated city.

NDCC, 15-29-01.1

NORTH DAKOTA CENTURY CODE

TITLE 15. EDUCATION

CHAPTER 15-29. POWERS AND DUTIES OF PUBLIC SCHOOL DISTRICT OFFICERS

§ 15-29-01.1 School board members -- Attendance at workshop.

Each newly elected school board member shall, within one year of assuming office, attend an in-service training workshop hosted by the North Dakota school board association or its designee. The workshop must include presentations on the role of a school board member, the duties of a school board, and information regarding educational financing.

NDCC, 12.1-13-03

NORTH DAKOTA CENTURY CODE

TITLE 12.1. CRIMINAL CODE

CHAPTER 12.1-13. CONFIDENTIAL INFORMATION -- CONFLICT OF INTEREST --

IMPERSONATION

§ 12.1-13-03 Public servant's interest in public contracts.

1. Every public servant authorized to sell or lease any property, or to make any contract in his official capacity, alone or in conjunction with other public servants, who voluntarily becomes interested individually in the sale, lease, or contract, directly or indirectly, is guilty of a class A misdemeanor.

2. Subsection 1 shall not apply to:

a. Contracts of purchase or employment between a political subdivision and an officer of that subdivision, if the contracts are first unanimously approved by the other members at a meeting of the governing body of the political subdivision, and a unanimous finding is entered in the official minutes of that body that the contract is necessary because the services or property contracted for are not otherwise obtainable at equal cost.

b. Sales, leases, or contracts entered into between school boards and school board members or school officers.

NDCC, 15-27.5-02

NORTH DAKOTA CENTURY CODE

TITLE 15. EDUCATION

CHAPTER 15-27.5. MILITARY INSTALLATION SCHOOL DISTRICT

§ 15-27.5-02 School board members -- Terms of office -- Qualifications --

The school board of a school district formed pursuant to this chapter consists of five members. The superintendent of public instruction shall adopt rules under chapter 28-32 providing appointment procedures. The superintendent, after consultation with the base commander, and with the approval of the state board of public school education, shall appoint the board members in April of each year, except that the initial appointments must be made within fifteen days after March 28, 1989. The board members must reside on the military installation. The school board members shall serve three-year terms except that the superintendent of public instruction shall designate two of the members initially appointed to serve two-year terms and two of the members initially appointed to serve one-year terms. If a vacancy occurs, the superintendent of public instruction, after consultation with the base commander, and with the approval of the state board of public school education, shall appoint a member to serve for the remainder of the term.