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Board Policy #204.0, Filling a Trustee Vacancy

1. Policy Statement

The York Region District School Board (YRDSB) is committed to a transparent, fair, and equitable process for filling a trustee's vacancy when it occurs during the trustee's term. This policy outlines the responsibilities associated with filling a vacancy on the Board of Trustees so that trustees may fulfill their duties as publicly elected representatives responsible for the governance of public education in York Region.

2. Application

This policy applies to all trustees and staff members who support the Board in various capacities. This policy will be used to support the Board’s resolution to fill a mid-term trustee vacancy by appointment or by-election, as detailed in Board Procedure #204.1, Filling a Trustee Vacancy.

3. Responsibilities

3.1 The Board of Trustees is responsible for:

1. resolving to fill a vacancy by appointment or by-election; 
2. following the process for filling vacancies as detailed in Board Procedure #204.1, Filling a Trustee Vacancy; and
3. approving the appointment of the newly appointed trustee.

3.2 The Director of Education is responsible for:

1. overseeing and participating in the trustee vacancy appointment process as detailed in Board Procedure #204.1, Filling a Trustee Vacancy; and
2. allocating resources and staff to support the trustee vacancy appointment process.

3.3 Trustee Services is responsible for:

1. working with the Director of Education, Chair of the Board and the related York Region Municipal Clerk to fill a trustee vacancy through the by-election or appointment process as detailed in Board Procedure #204.1, Filling a Trustee Vacancy.

3.4 Corporate Communications is responsible for:

1. communicating the trustee vacancy process by advertising and other mediums to encourage interested individuals to apply for appointment or seek nomination in a by-election.

4. Contact

Director’s Office

Trustee Services

5. History

Drafted: April 2024

Working Document: October 2024

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Board Procedure #204.1, Filling a Trustee Vacancy

1. Procedure Statement

This procedure will be used to support the Board’s resolution to fill a mid-term trustee vacancy by appointment or by-election.

2. Procedure to Fill a Trustee Vacancy

A vacancy shall be filled by a by-election or appointment by the Board of Trustees, as per this Procedure. Where a vacancy occurs within one month before the municipal regular election, it shall not be filled.

2.1 Majority of Elected Members Do Not Remain in Office

If a Trustee vacancy results in the majority of the elected members not remaining in office, a by-election will be held in accordance with section 221(1) (b) of the Education Act and section 6(1) of the Municipal Elections Act. The Director of Education shall promptly send a notice of the same to the appropriate municipal clerk.

2.2 Majority of Elected Members Remain in Office

If a Trustee vacancy occurs and a majority of the elected members remain in office, the remaining elected members may, by resolution, choose to fill the vacancy by;

1. appointing a qualified person to fill the vacancy within 90 days of the vacancy; or
2. calling a by-election, provided that the vacancy has occurred.
   • in a year in which no regular election is held under that Act,
   • before April 1 in the year of a regular election, or
   • after the new Board is organized in the year of a regular election.

The Director of Education shall promptly send a certified copy of the resolution to the appropriate municipal clerk.

3. Appointment Process

Where the Board of Trustees has decided to fill a vacancy by appointment, it shall comply with the following process;

1. the Board shall ensure that all candidates meet the qualifications outlined in section 219 of the Education Act;
2. all qualified applicants will present at a special public meeting of the Board called for the purpose of considering candidate presentations and filling the vacancy; and
3. the Board, after a candidates received a majority, shall appoint the successful candidate at that meeting.

3.1 Application Process

Completed applications must include only the following:

1. a letter of intent outlining a candidate’s personal interest and reasons for becoming a trustee;
2. resume/curriculum vitae; and
3. signed declaration declaring the applicant has met all qualifications to be a school board trustee under the Education Act, section 219.

Completed applications must be addressed to the Director of Education and must be submitted online or in-person at the Aurora Education Centre.

3.2 Candidate Presentation Process

1. each candidate will be given ten minutes to provide a presentation outlining their interest and qualifications for the role of school board trustee; and
2. following each presentation, each trustee member may ask the candidate questions of clarification. No member shall ask more than one question for no more than 90 seconds.

3.2.1 Voting

1. in the event that the number of candidates is equal to or fewer than the number of positions to be elected, the Chair shall declare the candidates elected by acclamation. No ballot vote shall be held for any acclaimed candidates;
2. following all candidate presentations, the Chair shall open the polls for balloting;
3. a majority vote shall elect; and
4. during balloting, if no majority is received by any of the candidates, the candidate (or candidates if tied) with the fewest votes shall be dropped from the ballot for future rounds of balloting. In the case of a tie vote to elect, the Chair shall draw lots to determine which candidate is elected.

3.2.2 Declaration and Oath of Office

The successful candidate shall be sworn into office at that Board meeting.

4. Responsibilities

4.1 The Director of Education is responsible for:

1. accepting complete applications online or in-person by appointment at the Aurora Education Centre;
2. preparing a candidate file for each completed application received; and
3. providing a package of all candidate files to the Board of Trustees, one week prior to the Special Public Board Meeting called for the purpose of considering candidate presentations and filling the vacancy.

4.2 Trustee Services is responsible for:

1. on behalf of the Director of Education, notifying the appropriate York Region Municipal Clerk as to the Board’s approved motion regarding the decision to hold a by-election or proceed through the appointment process.

4.2.1 By-Election:

1. in a by-election, working with the municipal clerk to assist in the coordination of Board resources;
2. periodically update trustees on the progress of the by-election; and
3. following the election arrange for the signing of the Declaration and Oath of Office in consultation with the Director of Education and provide orientation material and assistance to the new trustee elect.

4.2.2 Appointment Process:

1. in an appointment process working with the Director of Education in arranging the necessary steps required to receive candidate information;
2. working with Corporate Communications to ensure community advertising is placed for potential school board trustee candidates;
3. provide an information package for interested candidates outlining the process and expectations and answering inquiries;
4. ensuring the necessary information regarding the position of running for public school board trustee is publically available;
5. compiling information packages for trustees’ review prior to candidate presentations;
6. assisting trustees and the Director of Education on the appointment process; and
7. following the appointment of the successful candidate, arranging for the signing of the Declaration and Oath of Office in consultation with the Director of Education and provide orientation material and assistance to the new trustee elect.

5. Contact

Director’s Office

Trustee Services

6. History

Drafted: April 2024 

Working Document: October 2024