S T A T E O F N E W Y O R K
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3566--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. PEOPLES-STOKES -- 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 FOURTEEN, 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 THIRD, TWO THOUSAND FOURTEEN. A petition sent by
mail in an envelope postmarked prior to midnight on [April ninth, nine-
teen hundred seventy-four] OCTOBER THIRD, TWO THOUSAND FOURTEEN, 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 specifica-
tions of the grounds of the objections shall be filed with the board
within [one day] SIX DAYS after the filing of the objection and institu-
tion 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 PETITION, WHICHEVER IS LATER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04102-03-3
A. 3566--A 2
n. [The] FOR MEMBERS ELECTED IN NOVEMBER, TWO THOUSAND FOURTEEN THE
TERM OF OFFICE FOR EACH MEMBER OF SUCH BOARD FROM A CITY SCHOOL SUBDIS-
TRICT SHALL BE TWO YEARS, AND FOR EACH MEMBER ELECTED AT LARGE SHALL BE
FOUR 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 FOURTH, TWO THOUSAND FOURTEEN 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, 2014, 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
A. 3566--A 3
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.