Bill Text: NY A02113 | 2017-2018 | General Assembly | Amended


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 - Dead) 2018-05-04 - print number 2113a [A02113 Detail]

Download: New_York-2017-A02113-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2113--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Education -- recommitted to the Committee on Education in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        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 nineteen, such petition shall  be  deemed  to  be
     8  timely  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 nineteen.  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05544-02-8

        A. 2113--A                          2
     1  board of elections makes a determination of invalidity with  respect  to
     2  such petition, whichever is later.
     3    n.  [The]  For  members elected in November, two thousand nineteen the
     4  term of office for each member of such board from a city school  subdis-
     5  trict  shall be two years, and for each member elected at large shall be
     6  four years and upon the expiration of such terms, the term of office  of
     7  each  member of such board from a city school subdistrict shall be three
     8  years, and the term of office of each such member of the  board  elected
     9  at  large  shall  be for five years. Of the candidates to be elected for
    10  membership on the board of education of the city school district of  the
    11  city  of  Buffalo  by the voters at large the three candidates receiving
    12  the largest number of votes cast in the city, shall be declared  elected
    13  as  at-large  members  of  such  board of education. In each city school
    14  subdistrict the candidates seeking the election as the  member  of  such
    15  board of education for such city school subdistrict receiving a plurali-
    16  ty of votes in such city school subdistrict shall be declared elected to
    17  that position.
    18    Whenever a vacancy shall occur or exist in the office of member of the
    19  board of education except by reason of expiration of term or increase in
    20  the  number  of members of such board, such vacancy shall be filled by a
    21  majority vote of the remaining members of the board of education  within
    22  thirty  days  of  the date when such vacancy shall have occurred. If the
    23  remaining members of the board of education  shall  fail  to  fill  such
    24  vacancy  within  such  thirty  day period, then the mayor of the city of
    25  Buffalo shall within thirty days thereafter fill such vacancy subject to
    26  the confirmation of such appointment by the common council of  the  city
    27  of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict
    28  member  of  the  board of education unless he fulfills all of the quali-
    29  fications in this subdivision to enable him to be a  candidate  for  the
    30  office  of  a  member  of  the  board  of education from the subdistrict
    31  involved.
    32    o.  The members so elected to the board of education shall convene  on
    33  the  first  business  day in [July] January of each year, at the time of
    34  the commencement of their term of office and select from their members a
    35  president who shall serve for a term of one year or such other term, not
    36  exceeding the term of his office, as may be fixed by the rules and regu-
    37  lations of the board.
    38    p.  The election of members of the board of education  of  the  school
    39  district  of the city of Buffalo shall take place on [May seventh, nine-
    40  teen hundred seventy-four] November fifth, two thousand nineteen and  on
    41  the first Tuesday after the first Monday in [May] November thereafter in
    42  each  year in which an incumbent's term expires.  Such election shall be
    43  conducted by the board of elections of the county of Erie  in  the  same
    44  manner  as other elections are conducted by it.  Polls shall be open for
    45  voting for the hours prescribed by section 8-100 of the election law for
    46  primary elections.   The results of such  elections,  after  canvassing,
    47  shall  be  certified and reported by the board of elections to the board
    48  of education of such city.  The clerk or other  appropriate  officer  of
    49  the  board  of education shall within twenty-four hours after receipt of
    50  such certification by the board of  elections  serve  a  written  notice
    51  either  personally or by mail upon each person declared to be elected as
    52  a member of the board of education informing him of his election and the
    53  length of his term.
    54    § 2. Notwithstanding any inconsistent provision of law,  the  term  of
    55  every  member  of  the board of education of the city school district of
    56  Buffalo, which term is scheduled to expire on June 30, 2019,  is  hereby

        A. 2113--A                          3
     1  extended  from  June  thirtieth  of the year in which it is scheduled to
     2  expire to December thirty-first of such  year.  Terms  of  such  members
     3  elected after this act becomes law shall begin on the first day of Janu-
     4  ary and end on the last day of December of the appropriate year.
     5    § 3. This act shall take effect immediately.
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