S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2714
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 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
         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.
                                                                  LBD01182-01-5
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    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,  ONE  MEMBER  OF  SUCH  BOARD  OF  EDUCATION  SHALL BE
   24  APPOINTED BY THE MAYOR AT LARGE FROM WITHIN THE CITY AND ONE  MEMBER  OF
   25  SUCH BOARD SHALL BE APPOINTED BY THE COMMON COUNCIL AT LARGE FROM WITHIN
   26  THE CITY.
   27    S  5.  Paragraph  n of subdivision 10 of section 2553 of the education
   28  law, as added by chapter 242 of the laws of 1974, is amended to read  as
   29  follows:
   30    n.  The term of office of each member of such board from a city school
   31  subdistrict shall be three years, and the term of office  of  each  such
   32  member  of  the  board  elected  OR APPOINTED at large shall be for five
   33  years. Of the candidates to be elected for membership on  the  board  of
   34  education  of  the  city  school  district of the city of Buffalo by the
   35  voters at large the three candidates receiving  the  largest  number  of
   36  votes cast in the city, shall be declared elected as at-large members of
   37  such  board of education. In each city school subdistrict the candidates
   38  seeking the election as the member of such board of education  for  such
   39  city  school  subdistrict  receiving  a  plurality of votes in such city
   40  school subdistrict shall be declared elected to that position.
   41    Whenever a vacancy shall occur or exist in the office  of  AN  ELECTED
   42  member  of the board of education except by reason of expiration of term
   43  or increase in the number of members of such board, such  vacancy  shall
   44  be  filled  by  a majority vote of the remaining members of the board of
   45  education within thirty days of the date when such  vacancy  shall  have
   46  occurred.  If the remaining members of the board of education shall fail
   47  to fill such vacancy within such thirty day period, then  the  mayor  of
   48  the city of Buffalo shall within thirty days thereafter fill such vacan-
   49  cy subject to the confirmation of such appointment by the common council
   50  of the city of Buffalo. No one shall be appointed to fill a vacancy of a
   51  subdistrict  member  of the board of education unless he fulfills all of
   52  the qualifications in this subdivision to enable him to be  a  candidate
   53  for  the  office  of a member of the board of education from the subdis-
   54  trict involved.  WHENEVER A VACANCY SHALL OCCUR OR EXIST IN  THE  OFFICE
   55  OF  AN  APPOINTED  MEMBER  OF THE BOARD OF EDUCATION EXCEPT BY REASON OF
   56  EXPIRATION OF TERM, SUCH VACANCY SHALL BE FILLED BY APPOINTMENT  BY  THE
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    1  MAYOR  OF  THE  CITY OF BUFFALO WITHIN THIRTY DAYS OF THE DATE WHEN SUCH
    2  VACANCY SHALL HAVE OCCURRED.
    3    S  6.  Paragraph  o of subdivision 10 of section 2553 of the education
    4  law, as added by chapter 242 of the laws of 1974, is amended to read  as
    5  follows:
    6    o. The members so elected OR APPOINTED to the board of education shall
    7  convene  on  the first business day in July of each year, at the time of
    8  the commencement of their term of office and select from their members a
    9  president who shall serve for a term of one year or such other term, not
   10  exceeding the term of his office, as may be fixed by the rules and regu-
   11  lations of the board.  THE INITIAL TERMS OF OFFICE FOR MEMBERS APPOINTED
   12  AT LARGE BY THE MAYOR SHALL TERMINATE AT THE SAME TIME  AS  THE  MEMBERS
   13  ELECTED  AT  LARGE  AT  THE TIME OF THEIR APPOINTMENT. THEREAFTER, THEIR
   14  TERMS OF OFFICE SHALL COMMENCE WITH THE ELECTED MEMBERS OF THE BOARD  OF
   15  EDUCATION.
   16    S 7. This act shall take effect immediately.