Elmbrook board votes to start appointment process for vacancy after member'''s death

The Elmbrook School District Board of Education voted to initiate a replacement appointment process after the passing of long-serving member Linda Boucherd, directing the board president and district administration to begin soliciting applicants and establishing review procedures.

Board members discussed legal and practical considerations before voting to start the process. Jim Carroll, outside legal counsel, told the board the controlling state statute (Wis. Stat. ch. 17.26) says vacancies "shall" be filled by appointment until an election but does not set a clear deadline. Carroll said the law and the district's policy (policy 8124) imply the board should act, and that the more cautious route is to initiate the process even though the appointed successor would likely serve only briefly until the next spring election.

Carroll told the board, "The statute provides that the vacancy is filled by appointment until it can be — until an election is held to fill that seat on a more long term basis," and later cautioned that the statute 'while using the word "shall"'does not spell out an exact deadline, creating a gray area the board must navigate.

A resident speaker, Angie Pingel, urged the board to follow both statute and the district's policy, saying the policy language is mandatory and accusing the board of potentially "usurp[ing] the authority of the people who voted" for a seven-member board if it failed to appoint.

Board members debated the trade-offs: several members said they were concerned about the administrative work to recruit, interview and orient an appointee who would serve for only weeks, while others said a formal process should be started to avoid legal risk and to respect policy. The board ultimately approved the motion to initiate the process by roll call (five in favor, one opposed). The board president said the administration will coordinate calendars and next steps, including setting an application window and interview schedule.

The board also discussed contingencies the policy provides if the board cannot confirm an appointee within 60 days: under district policy, if a vacancy remains unfilled after 60 days the president may select nominees and the board may use an alternate procedure to secure a majority appointment.

The board president said the administration will return to the full board with a proposed timetable and process details and will coordinate special meetings so the board can review applicants.

Votes at a glance

- Motion to direct the board president and administration to initiate a replacement appointment process: approved, 5-1.

Why it matters

State statute and district policy require vacancies be filled by appointment; how quickly the board must act is not specified in clear terms in the law. The board's choice now sets the administrative timetable for recruiting and interviewing applicants and affects who will temporarily cast votes at upcoming meetings.

What's next

The administration will propose an application and interview timeline and bring those procedural details to the board at an upcoming meeting; the seat will be filled by election at the next spring election.