NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9436
SPONSOR: Hyndman TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to allow borough presidents the authority to
dismiss individuals they have appointed to a community district educa-
tion council in cases of criminal misconduct or wrongdoing
SUMMARY OF SPECIFIC PROVISIONS:
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 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.
Section 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 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.
Section 3: Provides the effective date.
JUSTIFICATION:
After a Community Education Council member appointed by the Queens
Borough President refused to step down at his request due to misconduct
behavior, the policy behind removal of a BP-appointed CEC member was
called into question. As it stands, the Borough President is not allowed
to remove their appointee from the Council due to the Chancellor's Regu-
lations.
This proposed legislation seeks to rectify this issue by granting
Borough Presidents the necessary authority to remove appointees from
Community District Education Councils when they engage in criminal
wrongdoing or misconduct. This authority is crucial in ensuring account-
ability and maintaining the integrity of these councils, which play a
vital role in shaping educational policies and priorities at the local
level.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9436
IN ASSEMBLY
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:
1 Section 1. Paragraph (a) of subdivision 6 of section 2590-c of the
2 education law, as amended by chapter 364 of the laws of 2022, is amended
3 to read as follows:
4 (a) In addition to the conditions enumerated in the public officers
5 law creating a vacancy[,]:
6 (1) a member of a community district education council who refuses or
7 neglects to attend three meetings of such council of which he or she is
8 duly notified, without rendering in writing a good and valid excuse
9 therefore vacates his or her office by refusal to serve. Each absence
10 and any written excuse rendered shall be included within the official
11 written minutes of such meeting. After the third unexcused absence the
12 community council shall declare a vacancy to the chancellor.
13 (2) a member of a community district education council appointed by a
14 borough president who engages in criminal wrongdoing or misconduct, as
15 such term is defined by the chancellor, may be removed from such
16 appointment by the appointing borough president upon such time the
17 community council shall declare a vacancy to the chancellor.
18 § 2. Paragraph (a) of subdivision 8 of section 2590-c of the education
19 law, as added by chapter 739 of the laws of 1988, is amended to read as
20 follows:
21 (a) In addition to the conditions enumerated in the public officers
22 law creating a vacancy[,]:
23 (1) a member of a community board who refuses or neglects to attend
24 three meetings of his board of which he is duly notified, without
25 rendering in writing a good and valid excuse therefor vacates his office
26 by refusal to serve. Each absence and any written excuse rendered shall
27 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
1 the third unexcused absence the board shall declare a vacancy and certi-
2 fy the existence of the vacancy to the chancellor.
3 (2) a member of a community district education council appointed by a
4 borough president who engages in criminal wrongdoing or misconduct, as
5 such term is defined by the chancellor, may be removed from such
6 appointment by the appointing borough president upon such time the board
7 shall declare a vacancy and certify the existence of the vacancy to the
8 chancellor.
9 § 3. This act shall take effect immediately; provided that the amend-
10 ments to section 2590-c of the education law made by section one of this
11 act shall be subject to the expiration and reversion of such section
12 when upon such date the provisions of section two of this act shall take
13 effect.
