Bill Text: NY S01958 | 2009-2010 | General Assembly | Introduced
Bill Title: Increases from 9 to 11 the number of members on the board of education for the city of Buffalo; provides for appointment of two members by the Mayor of the city of Buffalo.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S01958 Detail]
Download: New_York-2009-S01958-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1958
2009-2010 Regular Sessions
I N S E N A T E
February 10, 2009
___________
Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and
when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to providing for the
appointment of members of the board of education in the city of
Buffalo
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision a of section 2552 of the education law, as
2 amended by chapter 138 of the laws of 1974, is amended to read as
3 follows:
4 a. City school district of the city of Buffalo: [nine] ELEVEN
5 members.
6 S 2. Subdivision 1 of section 2553 of the education law, as separately
7 amended by chapters 211 and 441 of the laws of 1980, is amended to read
8 as follows:
9 1. No person shall be eligible to the office of member of a board of
10 education who is not a citizen of the United States, who is not quali-
11 fied to register for or vote at an election in accordance with the
12 provisions of section 5-106 of the election law, and who, in the case of
13 the city school district of the city of Yonkers, has not been a resident
14 of the city school district for which he is chosen for a period of at
15 least three years immediately preceding the date of his election or
16 appointment and who, in the case of the city school district of the city
17 of Buffalo, in the case of a member to be elected OR APPOINTED at large
18 is not a qualified voter of such city school district and who has not
19 been a resident of such district for a period of at least three years
20 immediately preceding the date of his election OR APPOINTMENT and in the
21 case of a member elected from a city school subdistrict is not a quali-
22 fied voter of such city school subdistrict and has not been a resident
23 of the city school district for three years and a resident of the city
24 school subdistrict which he represents or seeks to represent for a peri-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07913-01-9
S. 1958 2
1 od of one year immediately preceding the date of his election, and who,
2 in the case of the city school district of the city of Rochester, is not
3 a qualified voter under section 5-102 of the election law of such city
4 school district; and who in the case of the city school district of the
5 city of Syracuse has not been a qualified voter under section 5-102 of
6 the election law of such city school district for at least ninety days
7 immediately preceding the date of his election or appointment.
8 S 3. Paragraph a of subdivision 10 of section 2553 of the education
9 law, as added by chapter 242 of the laws of 1974, is amended to read as
10 follows:
11 a. The members of the board of education of the city school district
12 of the city of Buffalo shall be elected OR APPOINTED by the qualified
13 voters of such city as provided herein.
14 S 4. Paragraph c of subdivision 10 of section 2553 of the education
15 law, as added by chapter 242 of the laws of 1974, is amended to read as
16 follows:
17 c. The members of the board of education of the city school district
18 of the city of Buffalo shall be [elected] CHOSEN as follows: one member
19 from each of such six city school subdistricts within such city by the
20 qualified voters therein [and] PURSUANT TO AN ELECTION AS PROVIDED HERE-
21 IN, three members of such board of education shall be chosen by the
22 qualified voters at large within such city PURSUANT TO AN ELECTION AS
23 PROVIDED HEREIN, AND TWO MEMBERS OF SUCH BOARD OF EDUCATION SHALL BE
24 APPOINTED BY THE MAYOR AT LARGE FROM WITHIN THE CITY.
25 S 5. Paragraph n of subdivision 10 of section 2553 of the education
26 law, as added by chapter 242 of the laws of 1974, is amended to read as
27 follows:
28 n. The term of office of each member of such board from a city school
29 subdistrict shall be three years, and the term of office of each such
30 member of the board elected OR APPOINTED at large shall be for five
31 years. Of the candidates to be elected for membership on the board of
32 education of the city school district of the city of Buffalo by the
33 voters at large the three candidates receiving the largest number of
34 votes cast in the city, shall be declared elected as at-large members of
35 such board of education. In each city school subdistrict the candidates
36 seeking the election as the member of such board of education for such
37 city school subdistrict receiving a plurality of votes in such city
38 school subdistrict shall be declared elected to that position.
39 Whenever a vacancy shall occur or exist in the office of AN ELECTED
40 member of the board of education except by reason of expiration of term
41 or increase in the number of members of such board, such vacancy shall
42 be filled by a majority vote of the remaining members of the board of
43 education within thirty days of the date when such vacancy shall have
44 occurred. If the remaining members of the board of education shall fail
45 to fill such vacancy within such thirty day period, then the mayor of
46 the city of Buffalo shall within thirty days thereafter fill such vacan-
47 cy subject to the confirmation of such appointment by the common council
48 of the city of Buffalo. No one shall be appointed to fill a vacancy of a
49 subdistrict member of the board of education unless he fulfills all of
50 the qualifications in this subdivision to enable him to be a candidate
51 for the office of a member of the board of education from the subdis-
52 trict involved. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE
53 OF AN APPOINTED MEMBER OF THE BOARD OF EDUCATION EXCEPT BY REASON OF
54 EXPIRATION OF TERM, SUCH VACANCY SHALL BE FILLED BY APPOINTMENT BY THE
55 MAYOR OF THE CITY OF BUFFALO WITHIN THIRTY DAYS OF THE DATE WHEN SUCH
56 VACANCY SHALL HAVE OCCURRED.
S. 1958 3
1 S 6. Paragraph o of subdivision 10 of section 2553 of the education
2 law, as added by chapter 242 of the laws of 1974, is amended to read as
3 follows:
4 o. The members so elected OR APPOINTED to the board of education shall
5 convene on the first business day in July of each year, at the time of
6 the commencement of their term of office and select from their members a
7 president who shall serve for a term of one year or such other term, not
8 exceeding the term of his office, as may be fixed by the rules and regu-
9 lations of the board. THE INITIAL TERMS OF OFFICE FOR MEMBERS APPOINTED
10 AT LARGE BY THE MAYOR SHALL TERMINATE AT THE SAME TIME AS THE MEMBERS
11 ELECTED AT LARGE AT THE TIME OF THEIR APPOINTMENT. THEREAFTER, THEIR
12 TERMS OF OFFICE SHALL COMMENCE WITH THE ELECTED MEMBERS OF THE BOARD OF
13 EDUCATION.
14 S 7. This act shall take effect immediately.
