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ECSD Asks The Community for Support

In response to questions recently raised by the community in regards to the legality of the two remaining board members carrying on the business of the board and the district, ECSD in coordination with legal counsel has prepared the following statement:

The majority of the members of the board of trustees constitute a quorum for the transaction of business. When there are vacancies on the governing body, the vacant seats are not counted and the quorum consists of a majority of the remaining members.

NRS 386.330(4) contains the mandatory quorum and voting requirements for all Nevada public school boards:

A majority of the members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the members of the board of trustees.

The ECSD Board of Trustees has taken the legally correct stance that it may hold meetings and conduct Board business with its two remaining members. This position has been validated by the Nevada Attorney General’s Office, the Nevada Department of Education, and the Nevada System of Higher Education.

Not only may the remaining Board members fill the vacant seats, but they must do so. NRS 386.270(1) states as follows:

Any vacancy occurring in a board of trustees must be filled by appointment by the remaining members.

ECSD Interim Superintendent Jeff Zander reminds the community the appointment process will take time.

“I would like to reassure and remind community members that this is a unique hardship faced by the district,” said Zander. “The board appointment process, to fill five vacant seats, will take time.”

The ECSD Board of Trustees began reviewing applications last week and selected candidates for the first round of interviews during a special board meeting held Tuesday, August 31. The board has not placed a deadline for submissions and continues to seek interested and qualified candidates for all five seats.

The next round of interviews will take place in a special meeting on Tuesday, September 7. Names will be released on the Board’s web portal for each round of interviews. The Board appreciates feedback on candidates but asks the community to remain respectful and professional. The meeting will not be broadcast live as it could give future potential candidates an unfair advantage by hearing the questions in advance.

Acting Board President Teresa Dastrup says the interview selection process is carried out just as most hiring and appointment processes are.

“The board reserves the right to independently review candidates before making selections for interviews,” said Dastrup. “All applicants are considered; however, submitting a letter of interest and a resume does not guarantee an interview. In addition, the order in which candidates are interviewed does not represent their status or rank in the appointment process. We ask the community to bear with us as we work through this process during these challenging times."

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