Elmbrook board votes to begin appointment process to fill vacancy after trustee's death

The Elmbrook School District Board of Education voted to begin a formal appointment process to fill the seat left vacant by Trustee Linda Boucher, directing the board president and administration to initiate the search and application process.

The action came after legal counsel Jim Carroll reviewed Wisconsin law and district policy and advised that “the vacancy is filled by appointment until it can be elected at the next spring election,” citing Wisconsin Statute 17.26 and the board’s existing vacancy policy. Carroll told the board the statute uses “shall” language and includes a 60‑day trigger, but does not set an absolute deadline for every situation.

Carroll said the board had two main options: start the appointment process now or decline to appoint and accept the risk of legal or public criticism. “I still want to reemphasize that I think the more cautious approach is to start the process,” Carroll said, noting litigation is possible if the board elects not to act. After discussion, a motion directing the board president and administration to initiate a replacement appointment process passed on a 5–1 roll call vote.

Board members debated public‑relations and legal risks, practical timing and workload. Some members, including those who noted a steep learning curve for new trustees, said they were torn because an appointee appointed now would likely serve only until the spring election. Others said starting the process preserves the district’s compliance and transparency. Resident Angie Pingel urged the board to follow policy, saying, “a vacancy on the board shall be filled by appointment by a majority vote of the remaining board members.”

Under the district policy and state statute discussed at the meeting, an appointed successor would hold the seat until the winner of the next spring election takes office. The board instructed the administration to post and solicit applicants and to return with a proposed timeline and materials for the board’s review.

The board’s action follows a prior unanimous personnel committee recommendation to follow a transparent process; the board chair said the administration and president will coordinate a rapid timeline given near‑term meetings and commitments. The board also discussed contingency steps in policy if 60 days pass without an appointment.