Assembly Bill A5820

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5820
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 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]  THEY  ARE  duly  notified,  without rendering in writing a good and
 valid excuse therefore vacates [his or her] THEIR 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[,]:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09853-01-5
 A. 5820                             2
              

 
   (1) a member of a community board who refuses or  neglects  to  attend
 three meetings of [his] THEIR board of which [he is] THEY ARE duly noti-
 fied,  without  rendering  in  writing  a good and valid excuse therefor
 vacates [his] THEIR 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  board
 shall  declare a vacancy and certify 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.