S T A T E O F N E W Y O R K
________________________________________________________________________
8589
2011-2012 Regular Sessions
I N A S S E M B L Y
September 21, 2011
___________
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:
Section 1. Subdivision a of section 2552 of the education law, as
amended by chapter 138 of the laws of 1974, is amended to read as
follows:
a. City school district of the city of Buffalo: [nine] ELEVEN
members.
S 2. Subdivision 1 of section 2553 of the education law, as separately
amended by chapters 211 and 441 of the laws of 1980, is amended to read
as follows:
1. No person shall be eligible to the office of member of a board of
education who is not a citizen of the United States, who is not quali-
fied to register for or vote at an election in accordance with the
provisions of section 5-106 of the election law, and who, in the case of
the city school district of the city of Yonkers, has not been a resident
of the city school district for which he is chosen for a period of at
least three years immediately preceding the date of his election or
appointment and who, in the case of the city school district of the city
of Buffalo, in the case of a member to be elected OR APPOINTED at large
is not a qualified voter of such city school district and who has not
been a resident of such district for a period of at least three years
immediately preceding the date of his election OR APPOINTMENT and in the
case of a member elected from a city school subdistrict is not a quali-
fied voter of such city school subdistrict and has not been a resident
of the city school district for three years and a resident of the city
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.
LBD11394-01-1
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od of one year immediately preceding the date of his election, and who,
in the case of the city school district of the city of Rochester, is not
a qualified voter under section 5-102 of the election law of such city
school district; and who in the case of the city school district of the
city of Syracuse has not been a qualified voter under section 5-102 of
the election law of such city school district for at least ninety days
immediately preceding the date of his election or appointment.
S 3. Paragraph a of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read as
follows:
a. The members of the board of education of the city school district
of the city of Buffalo shall be elected OR APPOINTED by the qualified
voters of such city as provided herein.
S 4. Paragraph c of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read as
follows:
c. The members of the board of education of the city school district
of the city of Buffalo shall be [elected] CHOSEN as follows: one member
from each of such six city school subdistricts within such city by the
qualified voters therein [and] PURSUANT TO AN ELECTION AS PROVIDED HERE-
IN, three members of such board of education shall be chosen by the
qualified voters at large within such city PURSUANT TO AN ELECTION AS
PROVIDED HEREIN, ONE MEMBER OF SUCH BOARD OF EDUCATION SHALL BE
APPOINTED BY THE MAYOR AT LARGE FROM WITHIN THE CITY AND ONE MEMBER OF
SUCH BOARD SHALL BE APPOINTED BY THE COMMON COUNCIL AT LARGE FROM WITHIN
THE CITY.
S 5. Paragraph n of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read as
follows:
n. 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 OR APPOINTED 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 plurality 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 AN ELECTED
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 vacan-
cy 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 qualifications in this subdivision to enable him to be a candidate
for the office of a member of the board of education from the subdis-
trict involved. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE
OF AN APPOINTED MEMBER OF THE BOARD OF EDUCATION EXCEPT BY REASON OF
EXPIRATION OF TERM, SUCH VACANCY SHALL BE FILLED BY APPOINTMENT BY THE
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MAYOR OF THE CITY OF BUFFALO WITHIN THIRTY DAYS OF THE DATE WHEN SUCH
VACANCY SHALL HAVE OCCURRED.
S 6. Paragraph o of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read as
follows:
o. The members so elected OR APPOINTED to the board of education shall
convene on the first business day in July 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. THE INITIAL TERMS OF OFFICE FOR MEMBERS APPOINTED
AT LARGE BY THE MAYOR SHALL TERMINATE AT THE SAME TIME AS THE MEMBERS
ELECTED AT LARGE AT THE TIME OF THEIR APPOINTMENT. THEREAFTER, THEIR
TERMS OF OFFICE SHALL COMMENCE WITH THE ELECTED MEMBERS OF THE BOARD OF
EDUCATION.
S 7. This act shall take effect immediately.