S T A T E O F N E W Y O R K
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9436
I N A S S E M B L Y
March 14, 2024
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to permitting borough
presidents to remove persons they appointed to a community district
education council for criminal wrongdoing or misconduct
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 6 of section 2590-c of the
education law, as amended by chapter 364 of the laws of 2022, is amended
to read as follows:
(a) In addition to the conditions enumerated in the public officers
law creating a vacancy[,]:
(1) a member of a community district education council who refuses or
neglects to attend three meetings of such council of which he or she is
duly notified, without rendering in writing a good and valid excuse
therefore vacates his or her office by refusal to serve. Each absence
and any written excuse rendered shall be included within the official
written minutes of such meeting. After the third unexcused absence the
community council shall declare a vacancy to the chancellor.
(2) A MEMBER OF A COMMUNITY DISTRICT EDUCATION COUNCIL APPOINTED BY A
BOROUGH PRESIDENT WHO ENGAGES IN CRIMINAL WRONGDOING OR MISCONDUCT, AS
SUCH TERM IS DEFINED BY THE CHANCELLOR, MAY BE REMOVED FROM SUCH
APPOINTMENT BY THE APPOINTING BOROUGH PRESIDENT UPON SUCH TIME THE
COMMUNITY COUNCIL SHALL DECLARE A VACANCY TO THE CHANCELLOR.
§ 2. Paragraph (a) of subdivision 8 of section 2590-c of the education
law, as added by chapter 739 of the laws of 1988, is amended to read as
follows:
(a) In addition to the conditions enumerated in the public officers
law creating a vacancy[,]:
(1) a member of a community board who refuses or neglects to attend
three meetings of his board of which he is duly notified, without
rendering in writing a good and valid excuse therefor vacates his office
by refusal to serve. Each absence and any written excuse rendered shall
be included within the official written minutes of such meeting. After
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14752-01-4
A. 9436 2
the third unexcused absence the board shall declare a vacancy and certi-
fy the existence of the vacancy to the chancellor.
(2) A MEMBER OF A COMMUNITY DISTRICT EDUCATION COUNCIL APPOINTED BY A
BOROUGH PRESIDENT WHO ENGAGES IN CRIMINAL WRONGDOING OR MISCONDUCT, AS
SUCH TERM IS DEFINED BY THE CHANCELLOR, MAY BE REMOVED FROM SUCH
APPOINTMENT BY THE APPOINTING BOROUGH PRESIDENT UPON SUCH TIME THE BOARD
SHALL DECLARE A VACANCY AND CERTIFY THE EXISTENCE OF THE VACANCY TO THE
CHANCELLOR.
§ 3. This act shall take effect immediately; provided that the amend-
ments to section 2590-c of the education law made by section one of this
act shall be subject to the expiration and reversion of such section
when upon such date the provisions of section two of this act shall take
effect.