Bill Text: NY S02478 | 2011-2012 | 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: Bipartisan Bill
Status: (Engrossed - Dead) 2012-05-14 - referred to education [S02478 Detail]
Download: New_York-2011-S02478-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2478 2011-2012 Regular Sessions I N S E N A T E January 21, 2011 ___________ Introduced by Sen. GRISANTI -- 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 ELEVEN, 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 FOURTH, TWO THOUSAND ELEVEN. A petition sent by 11 mail in an envelope postmarked prior to midnight on [April ninth, nine- 12 teen hundred seventy-four] OCTOBER FOURTH, TWO THOUSAND ELEVEN, shall be 13 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 ELEVEN 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. LBD07599-01-1 S. 2478 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 EIGHTH, TWO THOUSAND ELEVEN 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, 2011, 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.