Bill Text: NY S05224 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for the election of members of the board of education of the Buffalo city school district in November rather than in May; creates a timetable for the electoral proceedings therefor; extends the terms of current members of such board to the last day of December rather than June; provides for future terms to run from January through December; and staggers terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-17 - REFERRED TO EDUCATION [S05224 Detail]

Download: New_York-2019-S05224-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5224
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 17, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- 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
          election  of  members  of  the  board of education of the Buffalo city
          school district in November
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subparagraph 3 of paragraph d and paragraphs n, o and p of
     2  subdivision 10 of section 2553 of the education law, subparagraph  3  of
     3  paragraph  d  and paragraphs n and o as added by chapter 242 of the laws
     4  of 1974 and paragraph p as amended by chapter 95 of the  laws  of  1979,
     5  are amended to read as follows:
     6    (3)    For  the  election held in [May, nineteen hundred seventy-four]
     7  November, two thousand twenty, such petition shall be deemed to be time-
     8  ly filed for such election if filed with  the  clerk  of  the  board  of
     9  elections  of  Erie  county  on or before [April ninth, nineteen hundred
    10  seventy-four] October second, two thousand twenty.  A petition  sent  by
    11  mail  in an envelope postmarked prior to midnight on [April ninth, nine-
    12  teen hundred seventy-four] October second, two thousand nineteen,  shall
    13  be  deemed  to be timely filed when received.  Written objection to such
    14  petition shall be filed within [two] three days after the [date this act
    15  shall have become a law] last day to file the  petition  and  specifica-
    16  tions  of  the  grounds  of the objections shall be filed with the board
    17  within [one day] six days after the filing of the objection and institu-
    18  tion of court proceedings relating thereto shall be commenced not  later
    19  than [May second, nineteen hundred seventy-four] fourteen days after the
    20  last  day  to  file the petition or within three business days after the
    21  board of elections makes a determination of invalidity with  respect  to
    22  such petition, whichever is later.
    23    n. [The] For members elected in November, two thousand twenty the term
    24  of  office  for each member of such board from a city school subdistrict
    25  shall be two years, and for each member elected at large shall  be  four
    26  years  and upon the expiration of such terms, the term of office of each
    27  member of such board from a  city  school  subdistrict  shall  be  three
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04781-01-9

        S. 5224                             2
     1  years,  and  the term of office of each such member of the board elected
     2  at large shall be for five years. Of the candidates to  be  elected  for
     3  membership  on the board of education of the city school district of the
     4  city  of  Buffalo  by the voters at large the three candidates receiving
     5  the largest number of votes cast in the city, shall be declared  elected
     6  as  at-large  members  of  such  board of education. In each city school
     7  subdistrict the candidates seeking the election as the  member  of  such
     8  board of education for such city school subdistrict receiving a plurali-
     9  ty of votes in such city school subdistrict shall be declared elected to
    10  that position.
    11    Whenever a vacancy shall occur or exist in the office of member of the
    12  board of education except by reason of expiration of term or increase in
    13  the  number  of members of such board, such vacancy shall be filled by a
    14  majority vote of the remaining members of the board of education  within
    15  thirty  days  of  the date when such vacancy shall have occurred. If the
    16  remaining members of the board of education  shall  fail  to  fill  such
    17  vacancy  within  such  thirty  day period, then the mayor of the city of
    18  Buffalo shall within thirty days thereafter fill such vacancy subject to
    19  the confirmation of such appointment by the common council of  the  city
    20  of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict
    21  member  of  the  board of education unless he fulfills all of the quali-
    22  fications in this subdivision to enable him to be a  candidate  for  the
    23  office  of  a  member  of  the  board  of education from the subdistrict
    24  involved.
    25    o.  The members so elected to the board of education shall convene  on
    26  the  first  business  day in [July] January of each year, at the time of
    27  the commencement of their term of office and select from their members a
    28  president who shall serve for a term of one year or such other term, not
    29  exceeding the term of his office, as may be fixed by the rules and regu-
    30  lations of the board.
    31    p.  The election of members of the board of education  of  the  school
    32  district  of the city of Buffalo shall take place on [May seventh, nine-
    33  teen hundred seventy-four] November fifth, two thousand  twenty  and  on
    34  the first Tuesday after the first Monday in [May] November thereafter in
    35  each  year in which an incumbent's term expires.  Such election shall be
    36  conducted by the board of elections of the county of Erie  in  the  same
    37  manner  as other elections are conducted by it.  Polls shall be open for
    38  voting for the hours prescribed by section 8-100 of the election law for
    39  primary elections.   The results of such  elections,  after  canvassing,
    40  shall  be  certified and reported by the board of elections to the board
    41  of education of such city.  The clerk or other  appropriate  officer  of
    42  the  board  of education shall within twenty-four hours after receipt of
    43  such certification by the board of  elections  serve  a  written  notice
    44  either  personally or by mail upon each person declared to be elected as
    45  a member of the board of education informing him of his election and the
    46  length of his term.
    47    § 2. Notwithstanding any inconsistent provision of law,  the  term  of
    48  every  member  of  the board of education of the city school district of
    49  Buffalo, which term is scheduled to expire on June 30, 2020,  is  hereby
    50  extended  from  June  thirtieth  of the year in which it is scheduled to
    51  expire to December thirty-first of such  year.  Terms  of  such  members
    52  elected after this act becomes law shall begin on the first day of Janu-
    53  ary and end on the last day of December of the appropriate year.
    54    § 3. This act shall take effect immediately.
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