As Ed Code §15282(a) reproduced in FAQ 53 above is quite specific, this does not appear to be allowable.

Each district and each CBOC should maintain a schedule of when each member’s term will end.  As the term end is approaching, steps should be taken to have the existing or a new member appointed without a gap in service.  Members considering resigning should be asked to give as much advance notice as possible for the same reason.

However, even for those CBOCs that take the above steps, there are always times when there is an open seat.  The district should generally fill these openings as quickly as possible.  Some districts have an open CBOC member application page on their website.  Anyone interested in serving on the CBOC could look at the website to understand the requirements (including required qualifications and conflict of interest) and submit an application.  This produces a list of candidates that allows open positions to be filled more quickly.

All districts and all CBOCs should be aware that, while short, transient unfilled seats on a CBOC are unlikely to be significant issues if there is a process to fill them as soon as practical, long-term vacancies, particularly of the statutory stipulated qualification for some CBOC seats, could potentially expose the district to legal issues.

Changing a CBOC at-large member to a taxpayer representative is not consistent with the Education Code requirements.  A taxpayer representative is one of the five mandatory membership categories.  If the governing board has not filled the taxpayer representative within a reasonable time, the CBOC should consider if they want to continue meeting. 

School Bond Waste Prevention Action (Education Code §15284) provides that any taxpayer may file an action to obtain an order restraining and preventing any expenditures of funds when the governing board has willfully failed to appoint the citizens’ oversight committee in violation of the requirements of Section 15278.

(See also FAQ 22., “What is a “bona fide taxpayers’ organization” for the purpose of CBOC membership?”)