Bill Text: NJ S62 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides that two members of board of education of Type II school district will be appointed by mayor or other chief executive officer of municipality constituting district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Education Committee [S62 Detail]
Download: New_Jersey-2016-S62-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Provides that two members of board of education of Type II school district will be appointed by mayor or other chief executive officer of municipality constituting district.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning Type II school districts, revising various parts of the statutory law, and supplementing chapter 12 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:12-11 is amended to read as follows:
18A:12-11. The board of education shall consist of nine members, or it shall consist of three, five or seven members as, and if, it has been so determined pursuant to law or shall be so determined by referendum as provided in this chapter, who shall [be elected at annual school elections in the district] serve for terms of three years except as otherwise herein provided. Two members of the board of education shall be appointed by the mayor or other chief executive officer of the municipality constituting the district and the remainder of the board shall be elected at annual school elections in the district.
The appointed members of the board of education shall be appointed in the month prior to the date of the annual school election in the district and their terms of office shall begin in accordance with N.J.S.18A:10-3.
(cf: N.J.S.18A:12-11)
2. N.J.S.18A:12-11.1 is amended to read as follows:
18A:12-11.1. Whenever a new school district, except a regional school district, or a consolidated school district or a new district created under the terms of article 4 of chapter 8 of this title is created, there shall be placed upon the official ballot to be voted upon, at the first annual school election, the question whether the board shall consist of three, five, seven or nine members.
The balloting for board members shall take place as if the board shall consist of nine members [were to be elected, three for terms of three years, three for terms of two years, and three for terms of one year].
If it shall be determined as a result of the balloting that the board shall consist of nine members, the three candidates receiving the highest number of votes for [each of said terms] the three-year terms, the three candidates receiving the highest number of votes for the two-year terms, and the one candidate receiving the highest number of votes for the one-year term shall be declared elected. The other two board members shall be appointed by the mayor or other chief executive officer of the municipality constituting the district and shall serve one-year terms.
If it shall be determined that the board shall consist of seven members, the three candidates receiving the highest number of votes for the three-year terms[,] and the two candidates receiving the highest number of votes for the two-year terms[, and the two candidates receiving the highest number of votes for the one-year term] shall be declared elected. The other two board members shall be appointed by the mayor or other chief executive officer of the municipality constituting the district and shall serve one-year terms.
If it shall be determined that the board shall consist of five members, the two candidates receiving the highest number of votes for the three-year terms[, the two candidates] and the one candidate receiving the highest number of votes for the two-year [terms, and the candidate receiving the highest number of votes for the one-year] term shall be declared elected. The other two board members shall be appointed by the mayor or other chief executive officer of the municipality constituting the district and shall serve one-year terms.
If it shall be determined that the board shall consist of three members, [each candidate] the candidate receiving the highest number of votes for [each of the terms] the three-year term shall be declared elected. The other two board members shall be appointed by the mayor or other chief executive officer of the municipality constituting the district and one shall serve a two-year term and one shall serve a one-year term.
Annually thereafter there shall be elected or appointed a person or persons for the term of three years in the place of the member or members whose terms shall have expired.
(cf: N.J.S.18A:12-11.1)
3. N.J.S.18A:12-15 is amended to read as follows:
18A:12-15. Vacancies in the elected membership of the board shall be filled as follows:
a. By the county superintendent, if the vacancy is caused by the absence of candidates for election to the school board or by the removal of a member because of lack of qualifications, or is not filled within 65 days following its occurrence;
b. By the county superintendent, to a number sufficient to make up a quorum of the board if, by reason of vacancies, a quorum is lacking;
c. By special election, if in the annual school election two or more candidates qualified by law for membership on the school board receive an equal number of votes. Such special election shall be held only upon recount and certification by the county board of elections of such election result, shall be restricted to such candidates, shall be held within 60 days of the annual school election, and shall be conducted in accordance with procedures for annual and special school elections set forth in Title 19 of the Revised Statutes. The vacancy shall be filled by the county superintendent if in such special election two or more candidates qualified by law for membership on the school board receive an equal number of votes;
d. By special election if there is a failure to elect a member at the annual school election due to improper election procedures. Such special election shall be restricted to those persons who were candidates at such annual school election, shall be held within 60 days of such annual school election, and shall be conducted in accordance with the procedures for annual and special school elections set forth in Title 19 of the Revised Statutes;
e. By the commissioner if there is a failure to elect a member at the annual school election due to improper campaign practices; or
f. By a majority vote of the remaining members of the board after the vacancy occurs in all other cases.
Each member so appointed shall serve until the organizational meeting following the next annual election unless the member is appointed to fill a vacancy occurring within the 60 days immediately preceding such election if the annual election is held in April, or occurring after the third Monday in July if the election is held in November, to fill a term extending beyond such election, in which case the member shall serve until the organizational meeting following the second annual election next succeeding the occurrence of the vacancy, and any vacancy for the remainder of the term shall be filled at the annual election or the second annual election next succeeding the occurrence of the vacancy, as the case may be.
(cf: P.L.2013, c.172, s.2)
4. (New section) Vacancies in the appointed membership of the board shall be reported immediately by the secretary of the board to the mayor or other chief executive officer of the municipality who shall within 30 days thereafter appoint a qualified person to fill the vacancy for the unexpired term.
5. (New section) Board of education members in office on the effective date of this act shall continue in office for the terms for which they were elected, notwithstanding the provisions of N.J.S.18A:12-11. The first two positions on the board, the terms of which expire after the effective date of this act, shall be filled by appointments of the mayor or other chief executive officer of the municipality constituting the district. The mayor or other chief executive officer shall continue to make appointments to fill the positions held by the board appointees when their terms expire or when a vacancy occurs.
6. This act shall take
effect immediately.
STATEMENT
This bill provides the mayor or other chief executive officer of a municipality constituting a Type II school district with two appointments to the board of education. Currently, the board of a Type II district consists entirely of elected members and the board of a Type I district consists entirely of members appointed by the mayor or other chief executive officer of the municipality. The members appointed to a Type II school district board pursuant to this bill will serve a three-year term, as do all other board members, and will be voting members of the board with all the rights, powers, and privileges of a member of a board of education. The appointments will be made in the month prior to the date on which the annual school election is held in the district, and the appointed members will take office at the same time as do elected members of the board.
The bill provides that all board members in office on the effective day of the bill will continue in office for the terms for which they were elected; however, the first two positions on the board, the terms of which expire after the effective date of the bill, will be filled with appointments made by the mayor or other chief executive officer of the municipality. This bill does not alter the size of the board of education.
