S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6028--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by M. of A. HOYT, GABRYSZAK, PEOPLES, SCHROEDER -- read once
  and referred to the Committee on Education  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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:

  Section  1. Subparagraph 3 of paragraph d and paragraphs n, o and p of
subdivision 10 of section 2553 of the education law, subparagraph  3  of
paragraph  d  and paragraphs n and o as added by chapter 242 of the laws
of 1974 and paragraph p as amended by chapter 95 of the  laws  of  1979,
are amended to read as follows:
  (3)    For  the  election held in [May, nineteen hundred seventy-four]
NOVEMBER, TWO THOUSAND TEN, such petition shall be deemed to  be  timely
filed  for  such  election  if  filed  with  the  clerk  of the board of
elections of Erie county on or before  [April  ninth,  nineteen  hundred
seventy-four] OCTOBER FOURTH, TWO THOUSAND TEN.  A petition sent by mail
in  an  envelope  postmarked prior to midnight on [April ninth, nineteen
hundred seventy-four] OCTOBER FOURTH, TWO THOUSAND TEN, shall be  deemed
to  be  timely  filed when received.  Written objection to such petition
shall be filed within [two] THREE days after the [date  this  act  shall
have  become  a law] LAST DAY TO FILE THE PETITION and specifications of
the grounds of the objections shall be filed with the board within  [one
day] SIX DAYS after the filing of the objection and institution of court
proceedings  relating  thereto  shall  be  commenced not later than [May
second, nineteen hundred seventy-four] FOURTEEN DAYS AFTER THE LAST  DAY
TO  FILE  THE  PETITION OR WITHIN THREE BUSINESS DAYS AFTER THE BOARD OF
ELECTIONS MAKES A DETERMINATION OF INVALIDITY WITH RESPECT TO SUCH PETI-
TION, WHICHEVER IS LATER.
  n. [The] FOR MEMBERS ELECTED IN NOVEMBER, TWO THOUSAND TEN THE TERM OF
OFFICE FOR EACH MEMBER OF SUCH BOARD  FROM  A  CITY  SCHOOL  SUBDISTRICT
SHALL  BE  TWO YEARS, AND FOR EACH MEMBER ELECTED AT LARGE SHALL BE FOUR

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07880-03-9

A. 6028--A                          2

YEARS AND UPON THE EXPIRATION OF SUCH TERMS, THE term of office of  each
member  of  such  board  from  a  city school subdistrict shall be three
years, and the term of office of each such member of the  board  elected
at  large  shall  be for five years. Of the candidates to be elected for
membership on the board of education of the city school district of  the
city  of  Buffalo  by the voters at large the three candidates receiving
the largest number of votes cast in the city, shall be declared  elected
as  at-large  members  of  such  board of education. In each city school
subdistrict the candidates seeking the election as the  member  of  such
board of education for such city school subdistrict receiving a plurali-
ty of votes in such city school subdistrict shall be declared elected to
that position.
  Whenever a vacancy shall occur or exist in the office of member of the
board of education except by reason of expiration of term or increase in
the  number  of members of such board, such vacancy shall be filled by a
majority vote of the remaining members of the board of education  within
thirty  days  of  the date when such vacancy shall have occurred. If the
remaining members of the board of education  shall  fail  to  fill  such
vacancy  within  such  thirty  day period, then the mayor of the city of
Buffalo shall within thirty days thereafter fill such vacancy subject to
the confirmation of such appointment by the common council of  the  city
of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict
member  of  the  board of education unless he fulfills all of the quali-
fications in this subdivision to enable him to be a  candidate  for  the
office  of  a  member  of  the  board  of education from the subdistrict
involved.
  o.  The members so elected to the board of education shall convene  on
the  first  business  day in [July] JANUARY of each year, at the time of
the commencement of their term of office and select from their members a
president who shall serve for a term of one year or such other term, not
exceeding the term of his office, as may be fixed by the rules and regu-
lations of the board.
  p.  The election of members of the board of education  of  the  school
district  of the city of Buffalo shall take place on [May seventh, nine-
teen hundred seventy-four] NOVEMBER EIGHTH, TWO THOUSAND TEN and on  the
first  Tuesday  AFTER  THE  FIRST MONDAY in [May] NOVEMBER thereafter in
each year in which an incumbent's term expires.  Such election shall  be
conducted  by  the  board of elections of the county of Erie in the same
manner as other elections are conducted by it.  Polls shall be open  for
voting for the hours prescribed by section 8-100 of the election law for
primary  elections.    The  results of such elections, after canvassing,
shall be certified and reported by the board of elections to  the  board
of  education  of such city.   The clerk or other appropriate officer of
the board of education shall within twenty-four hours after  receipt  of
such  certification  by  the  board  of elections serve a written notice
either personally or by mail upon each person declared to be elected  as
a member of the board of education informing him of his election and the
length of his term.
  S  2.  Notwithstanding  any inconsistent provision of law, the term of
every member of the board of education of the city  school  district  of
Buffalo,  which  term is scheduled to expire on June 30, 2010, is hereby
extended from June thirtieth of the year in which  it  is  scheduled  to
expire  to  December  thirty-first  of  such year. Terms of such members
elected after this act becomes law shall begin on the first day of Janu-
ary and end on the last day of December of the appropriate year.
  S 3. This act shall take effect immediately.