S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3300
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred 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 FIFTEEN, 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 FIFTEEN.  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 FIFTEEN, 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  FIFTEEN  THE
   24  TERM  OF OFFICE FOR EACH MEMBER OF SUCH BOARD FROM A CITY SCHOOL SUBDIS-
   25  TRICT SHALL BE TWO YEARS, AND FOR EACH MEMBER ELECTED AT LARGE SHALL  BE
   26  FOUR  YEARS AND UPON THE EXPIRATION OF SUCH TERMS, THE term of office of
   27  each 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.
                                                                  LBD01283-01-5
       A. 3300                             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 THIRD, TWO THOUSAND FIFTEEN  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    S 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, 2015,  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    S 3. This act shall take effect immediately.