Provides for the election of members of the board of education of the Buffalo city school district in November rather than in May; creates a timetable for the electoral proceedings therefor; extends the terms of current members of such board to the last day of December rather than June; provides for future terms to run from January through December; and staggers terms.
STATE OF NEW YORK
________________________________________________________________________
2113--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
1 Section 1. Subparagraph 3 of paragraph d and paragraphs n, o and p of
2 subdivision 10 of section 2553 of the education law, subparagraph 3 of
3 paragraph d and paragraphs n and o as added by chapter 242 of the laws
4 of 1974 and paragraph p as amended by chapter 95 of the laws of 1979,
5 are amended to read as follows:
6 (3) For the election held in [May, nineteen hundred seventy-four]
7 November, two thousand nineteen, such petition shall be deemed to be
8 timely filed for such election if filed with the clerk of the board of
9 elections of Erie county on or before [April ninth, nineteen hundred
10 seventy-four] October second, two thousand nineteen. A petition sent by
11 mail in an envelope postmarked prior to midnight on [April ninth, nine-
12 teen hundred seventy-four] October second, two thousand nineteen, shall
13 be deemed to be timely filed when received. Written objection to such
14 petition shall be filed within [two] three days after the [date this act
15 shall have become a law] last day to file the petition and specifica-
16 tions of the grounds of the objections shall be filed with the board
17 within [one day] six days after the filing of the objection and institu-
18 tion of court proceedings relating thereto shall be commenced not later
19 than [May second, nineteen hundred seventy-four] fourteen days after the
20 last day to file the petition or within three business days after the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05544-02-8
A. 2113--A 2
1 board of elections makes a determination of invalidity with respect to
2 such petition, whichever is later.
3 n. [The] For members elected in November, two thousand nineteen the
4 term of office for each member of such board from a city school subdis-
5 trict shall be two years, and for each member elected at large shall be
6 four years and upon the expiration of such terms, the term of office of
7 each member of such board from a city school subdistrict shall be three
8 years, and the term of office of each such member of the board elected
9 at large shall be for five years. Of the candidates to be elected for
10 membership on the board of education of the city school district of the
11 city of Buffalo by the voters at large the three candidates receiving
12 the largest number of votes cast in the city, shall be declared elected
13 as at-large members of such board of education. In each city school
14 subdistrict the candidates seeking the election as the member of such
15 board of education for such city school subdistrict receiving a plurali-
16 ty of votes in such city school subdistrict shall be declared elected to
17 that position.
18 Whenever a vacancy shall occur or exist in the office of member of the
19 board of education except by reason of expiration of term or increase in
20 the number of members of such board, such vacancy shall be filled by a
21 majority vote of the remaining members of the board of education within
22 thirty days of the date when such vacancy shall have occurred. If the
23 remaining members of the board of education shall fail to fill such
24 vacancy within such thirty day period, then the mayor of the city of
25 Buffalo shall within thirty days thereafter fill such vacancy subject to
26 the confirmation of such appointment by the common council of the city
27 of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict
28 member of the board of education unless he fulfills all of the quali-
29 fications in this subdivision to enable him to be a candidate for the
30 office of a member of the board of education from the subdistrict
31 involved.
32 o. The members so elected to the board of education shall convene on
33 the first business day in [July] January of each year, at the time of
34 the commencement of their term of office and select from their members a
35 president who shall serve for a term of one year or such other term, not
36 exceeding the term of his office, as may be fixed by the rules and regu-
37 lations of the board.
38 p. The election of members of the board of education of the school
39 district of the city of Buffalo shall take place on [May seventh, nine-
40 teen hundred seventy-four] November fifth, two thousand nineteen and on
41 the first Tuesday after the first Monday in [May] November thereafter in
42 each year in which an incumbent's term expires. Such election shall be
43 conducted by the board of elections of the county of Erie in the same
44 manner as other elections are conducted by it. Polls shall be open for
45 voting for the hours prescribed by section 8-100 of the election law for
46 primary elections. The results of such elections, after canvassing,
47 shall be certified and reported by the board of elections to the board
48 of education of such city. The clerk or other appropriate officer of
49 the board of education shall within twenty-four hours after receipt of
50 such certification by the board of elections serve a written notice
51 either personally or by mail upon each person declared to be elected as
52 a member of the board of education informing him of his election and the
53 length of his term.
54 § 2. Notwithstanding any inconsistent provision of law, the term of
55 every member of the board of education of the city school district of
56 Buffalo, which term is scheduled to expire on June 30, 2019, is hereby
A. 2113--A 3
1 extended from June thirtieth of the year in which it is scheduled to
2 expire to December thirty-first of such year. Terms of such members
3 elected after this act becomes law shall begin on the first day of Janu-
4 ary and end on the last day of December of the appropriate year.
5 § 3. This act shall take effect immediately.