1.01 – Members of the Board – Election and Qualifications
- Election to be Held, When
Regular elections in the College district shall be held on the first Tuesday in April in the years in which trustees ar to be elected or propositions must be voted upon. The elections shall be conducted by the County Election Authority as provided by law.
- Filing for Election
All candidates for the office of trustee shall file their Declarations of Candidacy with the Secretary of the Board of Trustees on forms to be provided by the Secretary. The Declaration of Candidacy forms shall include the following information:
- The full name and address of the candidate;
- A statement that the candidate is at least twenty-one years of age and has been a resident of the College district for at least one whole year next preceding the election for which the candidate is filing;
- A statement that the candidate is a citizen of the United States, together with a designation of the birthplace of the candidate if born in the United States, or the date on which, and the place at which the candidate became a naturalized citizen, whichever is applicable;
- Such other and further information as may be required by law or by resolution of the Board of Trustees.
All candidates shall comply with the provisions of the Missouri Campaign Finance and Disclosure Law, Chapter 130, RSMo.
- Preparation of Ballots
The Secretary shall certify to the board the names of all candidates who have filed a timely Declaration of Candidacy and shall cause to be prepared sample ballots containing the names of said candidates, listed in order of date of filing by legal name only, and any proposition to be voted at said election.
- Publication of Notice
The Secretary shall prepare written notice of any election and shall submit such notice to the County Election Authority not later than 5:00 p.m. on the eighth Tuesday prior to the election. The notice shall include the name of the Ozarks Technical Community College as the agency calling the election and shall specify the date and time of the election and the offices or propositions to be voted upon. Additionally, a sample ballot shall be included as a part of the form of legal notice. Ballots shall be printed and the legal notice published by the County Election Authority as provided by law.
Before the fourteenth Tuesday prior to any election at which members of the Board of Trustees are to be elected, the Secretary shall notify the general public of the opening filing date, the number and term of positions to be filled, the proper place for filing, and the closing filing date of the election. Such notification shall be by legal notice published in the Springfield News-Leader, a newspaper of general circulation within the district.
- Election, How Conducted
Elections in the junior College district shall be conducted by the County Election Authority as provided in Chapter 115, RSMo. When an election for trustees, or any other proposition provided by law for submission at school elections which are applicable solely to a junior College district is held, and no other office is to be voted upon, and no other question is submitted at the same election, all cost incident to such elections shall be borne by the junior College district. In any election in which another office is to be voted upon or any other question not involving the junior College district is also submitted, the junior College district shall bear its pro rata share of the costs incidental to such election.
- Certification of Results
No later than the second Tuesday after the election, the Verification Board shall certify to the Board of Trustees of the College district the total number of votes cast for each candidate and the votes cast on all questions submitted to the voters by the College district. Within ten days thereafter, at least a majority of the then qualified members of the Board of Trustees of the junior College district shall examine results so received, shall declare and certify the candidates receiving the greatest number of votes for terms of six years each, or until their successors are elected and qualified, and shall declare and certify the results of the votes cast on any question presented at the election.
All members of the Board of Trustees shall be required to take and subscribe an oath of office in the following form:
“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Missouri, and that I will faithfully and impartially discharge the duties of Trustee in and for Ozarks Technical Community College to the best of my ability, according to law, so help me God.”
- Assuming Office
At the first meeting of the Board of Trustees after the election of a member or members of the Board of Trustees has been certified, said member or members so elected and certified shall present themselves for the purpose of being seated. If the oath of office has not already been taken, the newly elected member or members shall then swear or affirm the prescribed oath before a competent official. A new member shall file his/her oath with the Secretary of the Board. The President of the Board of Trustees shall thereupon recognize the person as a member of the Board of Trustees, and she/he shall thenceforth be entitled and qualified to perform the duties of the office as a member of the Board of Trustees.
- Vacancy, How Filled
In case of a vacancy occurring in the membership of the Board of Trustees from any cause, it shall be the duty of the Secretary to certify such fact to the Board and to each remaining member thereof. After such certification, the trustees at their next or special meeting shall nominate and appoint a successor trustee to serve until the next election held by or for the district when a trustee shall be elected for the unexpired term. Upon appointment by the Board, the Secretary shall issue a Certificate of Appointment to the newly appointed trustee. When a person becomes a member of the Board of Trustees by appointment, the member shall take his/her seat at the next regular meeting after said appointment and after having taken the prescribed oath of office.
- Conflicts of Interest
No member of the Board shall directly or indirectly receive any compensation or remuneration nor derive any profit or gain by reason of membership on said Board of Trustees or by reason of his/her service to the district. It shall be the obligation of each member of the Board to disclose to the Board any personal interest which he/she may have in any matter pending before the Board, and the member having such interest shall refrain from voting on matters related to personal interests. When a member has reported a possible conflict of interest to the Board and for that reason has refrained from voting on an issue, the minutes shall show that the member has abstained for this purpose and his/her vote shall not be recorded with the majority as provided elsewhere in these policies. In compliance with Section 105.454 of the Revised Statutes of Missouri, OTC has adopted procedures to disclose potential conflicts of interests and substantial interests for College trustees and certain employees. These procedures are contained in Section 1.09 of OTC’s Policies and Procedures.