NY Educ L § 2590-C (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52-A - New York City Community School District System 2590-C - Composition of Community District Education Councils.

* §  2590-c. Composition of community district education councils.  1. Each community district  shall  be  governed  by  a  community  district education council. The community councils shall consist of eleven voting members and one non-voting member, as follows:  (a)  (1)  For councils whose terms begin prior to two thousand twenty, nine voting members shall be parents  whose  children  are  attending  a school  or  a  pre-kindergarten  program  offered  by a school under the jurisdiction of the community district, or have attended a school  or  a pre-kindergarten  program  offered by a school under the jurisdiction of the community district within the preceding  two  years,  and  shall  be selected  by  the presidents and officers of the parents' association or parent-teachers' association. Such members shall serve for a term of two years.   Presidents   and   officers   of   parents'   associations   or parent-teachers'  associations  who  are  candidates  in  the  selection process pursuant to this section shall not be eligible to cast votes  in such  selection process. The association shall elect a member to vote in the place of each such president or officer  for  the  purposes  of  the selection   process.   Provided,   however,   that   a   parent   of   a pre-kindergarten pupil shall  vacate  his  or  her  membership  on  such community  district  education  council where the parent no longer has a child that attends a school or pre-kindergarten  program  offered  by  a school under the jurisdiction of the community district.  (2)  For  councils  whose  terms  begin in two thousand twenty-one and thereafter, nine voting members shall  be  parents  whose  children  are attending  a  school  or  a pre-kindergarten program offered by a school under the jurisdiction of the community district,  or  have  attended  a school  under  the  jurisdiction  of  the  community district within the preceding two years,  and  shall  be  elected  by  parents  of  children attending  such schools and pre-kindergarten programs in accordance with a process developed by the chancellor pursuant to subdivision  eight  of this  section.  Provided,  however,  that a parent of a pre-kindergarten pupil shall vacate his or her  membership  on  such  community  district education  council  when the parent no longer has a child that attends a school or  pre-kindergarten  program  offered  by  a  school  under  the jurisdiction of the community district.  (b)  Two  voting  members shall be appointed by the borough presidents corresponding to such district. Such appointees shall be  residents  of, or  own  or operate a business in, the district and shall be individuals with extensive business, trade, or education experience  and  knowledge, who  will  make a significant contribution to improving education in the district. Such members shall serve for a term of two years.  (c) One non-voting member who is a high school senior residing in  the district, appointed by the superintendent from among the elected student leadership. Such member shall serve for a one year term.   Members shall not be paid a salary or stipend, but shall be reimbursed for all actual and necessary expenses directly related to the duties and responsibilities of the community council.   2. For the initial community council, such members must be selected on or   before   October  thirty-first,  two  thousand  three,  with  terms commencing on December first, two thousand three. Thereafter, commencing in May of two thousand five, the  selection  or  election  of  community council  members  shall  occur  on the second Tuesday in May, with terms commencing on the following July first.   3. Each such council shall select one of its voting members  to  serve as chair.   4.  Notwithstanding  any  provisions  of  law  to  the  contrary,  the community district education council may appoint a  secretary,  pursuant to  the  policies  of  the  city  board, who shall perform the following  functions:  (a) prepare meeting notices, agendas and minutes; (b) record and maintain accounts of proceedings and other council meetings; and (c) prepare briefing materials and other related informational materials for such  meetings.  Each  council shall be responsible for the appointment, supervision, evaluation and discharge of the secretary.   5. No person may serve on more than one community council  or  on  the city-wide council on special education, the city-wide council on English language  learners,  or  the  city-wide  council  on  high schools and a community council. A member of a community council shall  be  ineligible to  be employed by the community council of which he or she is a member, any other community council, the city-wide council on special education, the city-wide  council  on  English  language  learners,  the  city-wide council  on high schools, or the city board. No person shall be eligible for membership on a community council if he or she  holds  any  elective public office or any elective or appointed party position except that of delegate  or  alternate delegate to a national, state, judicial or other party convention, or member of a county committee.   A  person  may  be  permanently  ineligible  for  appointment  to  any community  district  education  council for any of the following: (a) an act of malfeasance directly  related  to  his  or  her  service  on  the city-wide council on special education, the city-wide council on English language  learners,  the  city-wide  council  on high schools, community school board or community district education council; or (b)  conviction of  a  crime,  provided  that any such conviction shall be considered in accordance with article twenty-three-A of the correction law.   Any decision rendered by the chancellor or the city board with respect to the eligibility or  qualifications  of  the  nominees  for  community district  education  councils  must  be  written  and made available for public inspection within seven days of its issuance at the office of the chancellor and the city board. Such written decision shall  include  the factual  and  legal  basis  for its issuance and a record of the vote of each board member who participated in the decision, if applicable.   6. (a) In addition to the conditions enumerated in the public officers law creating a vacancy, 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.  (b)  (1)  Vacancies  in positions that were not appointed by a borough president shall be  filled  for  an  unexpired  term  by  the  community district  education  council  after  consultation  with  the presidents' council or other consultative body  representing  parents'  associations and  other  educational groups within the district. Recommendations made by such parents and other  educational  groups  shall  be  submitted  in writing  and  included  within  the  record  of the meeting at which the vacancy is filled.  (2) If such vacancy results in the council not  having  at  least  one member  who  is a parent of a student who is an English language learner or who has been an English language learner  within  the  preceding  two years, or results in the council not having at least one member who is a parent  of  a  student  with  an  individualized  education program, the community council shall select a parent having  such  qualifications  to fill the vacancy.  (c) If the vacancy is not filled by the community council within sixty days  after  it  is declared due to a tie vote for such appointment, the  chancellor shall vote with the community  council,  to  break  such  tie vote.  If  the  community  council has failed to fill the vacancy within sixty days after it  is  declared  because  of  any  other  reason,  the chancellor  shall  order  the  community  council  to  do so pursuant to section twenty-five hundred ninety-1 of this article.  (d) Where a vacancy occurs  in  a  position  appointed  by  a  borough president,  the  borough  president  shall appoint a member to serve the remainder of the unexpired term.   7. (a) Each community council shall prepare and  submit  to  the  city board  a  performance report every month. The information provided shall include community council members' attendance records; participation  in community  council  committees  and  other community council activities; visits to schools;  and  voting  records  on  major  issues  before  the community council.  (b)  The  city  board  shall  review  and  consolidate the performance reports into one comprehensive city district-wide report, which shall be disseminated to the community and the media semiannually.   8. The chancellor shall: (a) develop a process  to  ensure  a  uniform election    process   for   parent   associations   and   parent-teacher associations. Such process  shall  ensure  uniformity  with  respect  to timing of elections and the structure and size of the body.  (b)  develop  a  process  for  nomination  of candidates for community council membership. Such process will outline in  detail  the  procedure which  must be followed to present a name for consideration, may include qualifications and prohibitions in addition to those  outlined  in  this section and may allow for an interview process for nominees.  (c)  (1)  develop  selection  procedures for community council members which shall attempt to ensure membership that reflects a  representative cross-section   of  the  communities  within  the  school  district  and diversity of the student  population  including  those  with  particular educational needs, shall include consideration of the enrollment figures within  each  community  district  and  the  potential disparity of such enrollment from school to school within the district, and  shall  ensure that,  to the extent possible, a school may have no more than one parent representative on the community council. Such  procedures  shall  ensure that  at  least  one  position  on  the community council is filled by a parent of a student who is an English language learner or who  has  been an English language learner within the preceding two years, and at least one  position  is filled by a parent of a student with an individualized education program, and shall allow for the seven remaining positions  to be filled by parents who are otherwise eligible;  (2) after reviewing the recommendations of the task force described in subdivision  nine  of  this  section,  develop  election  procedures for community council members which shall attempt to ensure membership  that reflects  a  representative  cross-section of the communities within the school district and diversity of the student population including  those with  particular  educational  needs, shall include consideration of the enrollment figures within each  community  district  and  the  potential disparity  of such enrollment from school to school within the district, and shall ensure that, to the extent possible, a school may have no more than one parent representative on the community council.  Such  measures shall  ensure  that  at  least  one position on the community council is filled by a parent of a current student who is or has been at  any  time an  English  language  learner, and at least one position is filled by a parent of a student who has or has at any  time  had  an  individualized education  program, and shall allow for the seven remaining positions to be filled by parents who are otherwise eligible.  (d) promulgate rules and regulations requiring financial disclosure by the nominees and policies  prohibiting  political  endorsements  of  and campaign contributions to nominees.  (e)  beginning in January of each school year and continuing until the date of selection, ensure the  distribution  of  guides  to  parents  in addition  to  information  regarding community council roles, functions, and   activities,   including   upcoming   parents'   association    and parent-teacher  association  elections,  candidate  information, and the nature of the selection or election process.   Prior  to  the  adoption  of  the  processes,  procedures,  rules   or regulations  set  forth in this subdivision, the chancellor shall ensure that there is an inclusive public process which  allows  for  sufficient public  input  from parents and the community including public hearings. All such processes, procedures, rules or regulations must  be  final  in sufficient time to assure for an orderly implementation and notification of  such  processes,  procedures, rules or regulations to allow for full community participation in the nomination and  selection  processes  and procedures.   9.  The  mayor  shall  appoint  a  task  force  on  community district education councils consisting of parents whose  child  or  children  are attending  a  public  school  within  the  community districts and other members with  relevant  expertise.  The  task  force  shall  review  the eligibility criteria to serve on a community district education council, the  process for selecting community council members, and their terms of office. The task force shall submit a report concerning its findings and recommendations to the mayor and the chancellor by November  first,  two thousand nineteen.   * NB Repealed June 30, 2022   * § 2590-c. Composition   of   community  boards.  1.  Each  community district shall be governed by a  community  board  to  consist  of  nine members  to  be  elected  for a term of three years and to serve without compensation.  Each such board shall select one of its members to  serve as chairman.   Notwithstanding  any  provisions of law to the contrary, the community board may appoint a board secretary, pursuant to  the  policies  of  the city  board,  who  shall  perform  the  following functions: (a) prepare meeting notices, agendas  and  minutes;  and  (b)  record  and  maintain accounts  of  proceedings  and other board meetings. Each board shall be responsible for the appointment, supervision, evaluation  and  discharge of the board secretary.   2. Such members shall be elected at an election conducted by the board of  elections in the city of New York to be held on the first Tuesday in May commencing with the year two thousand three  and  every  third  year thereafter  for  a  term  commencing  on  the  first  day  of  July next following.   3. Every registered voter residing in a community district  and  every registered parent of a child attending any school under the jurisdiction of the community board of such district who is a citizen of the state, a resident  of  the city of New York for at least thirty days and at least eighteen years of age shall be eligible to vote at such election for the members of such community board, except that no  person  may  vote  more than  once  or  in more than one community district, and no person shall have the right to register or vote at any community board  election  who would not be qualified to register or vote at any election in accordance with the provisions of section 5-106 of the election law.  (a)  The  board of elections of the city of New York shall provide for the personal and mail registration, and cancellation of registration, of persons qualified by this subdivision to vote as "parents," in a  manner  determined  jointly  by  the board of elections and the city board. Each parent shall be offered the opportunity to register as a parent voter at the time such parent registers his child with the  school  and  at  such other  times  as  the  board of elections deems necessary to achieve the registration of the maximum number of parents possible. The registration process shall provide a procedure  for  determining  when  such  parents shall  cease to be eligible to vote as parent voters because their child no longer attends a school  under  the  jurisdiction  of  the  community board.  (b)  In January next preceding each community board election, the city board shall provide written notice to every parent of a child  attending school  under the jurisdiction of every community board of such parent's right to vote in the community board election, the method  and  time  by which a parent may register to vote, and a form by which such parent may register by mail.  (c)  The  board  of  elections  shall  certify qualified registrations pursuant to the certification procedures  agreed  to  by  the  board  of elections  and  the city board. The board of elections shall certify all qualified registrations and transmit notice of such certification to the city board promptly.   4. (a) Every registered voter residing in  a  community  district  and every  parent  of a child attending any school under the jurisdiction of the community board of such district who is a citizen of  the  state,  a resident  of  the city of New York for at least ninety days prior to the date of the election, and at  least  eighteen  years  of  age  shall  be eligible  for  membership  on  such  community board, provided that such person not be disqualified from registering for or voting at an election under the provisions of section 5-106 of the election law or  ineligible to  serve, under the provisions of paragraph (b) of this subdivision. No person may serve on more  than  one  community  board.  A  member  of  a community  board  shall  be  ineligible  to be employed by the community board of which he is a board member, any other community  board  or  the city  board.  No  person shall be eligible for membership on a community board if he or she holds any elective public office or any  elective  or appointed  party  position except that of delegate or alternate delegate to a national, state, judicial or other party convention, or member of a county committee.  (b) A person who has been convicted of a felony, or has  been  removed from  a  community  school  board  for  any  of  the  following shall be permanently ineligible for appointment  or  election  to  any  community school board:  (1)  an  act  of malfeasance directly related to his or her service on such community school board; or  (2) conviction of a crime, if such crime is directly related to his or her service upon such community school board.   5. Each registered voter shall vote at such polling place  within  his or  her  community  district  as  shall  be  designated  by the board of elections in the city of New York or may vote  as  a  registered  parent voter,  but  not  both.  Each person voting as a registered parent shall vote at such polling place within the community district in which his or her child is attending school as shall be designated  by  the  board  of elections  in  the  city of New York. In the event a parent has children attending school in different community districts, the parent  may  vote at  either  polling place designated for each of the community districts by the board of elections, but not both. The  polls  of  such  elections shall  be open between the hours of six o'clock in the forenoon and nine o'clock in the evening on the days of elections.    6. Applicability of the  election  law.  (a)  The  provisions  of  the election  law  with  respect  to  registration  of voters, nomination of candidates,  declination  of  nominations,  filling  of   vacancies   in nominations,  notices  to  candidates,  objections to petitions, rulings thereon,  judicial  proceedings,  campaign  receipts  and  expenditures, conduct of the election, including the use of voting machines,  counting and  canvassing  of  votes,  and  all other matters so far as applicable shall govern the election of community board members; provided, however, that:  (1) candidates for  community  board  member  shall  be  nominated  by petitions  in  accordance  with  regulations,  not inconsistent with the provisions of this article, promulgated by the board of elections in the city of New York. Such petitions  shall  be  filed  with  the  board  of elections at least four weeks before the election;  (2) nominating petitions shall be signed by not fewer than two hundred registered  voters  residing  in  such  community  district,  or persons eligible to vote as registered parents in such community district;  (3) each candidate shall be nominated by a separate  petition  and  no elector  shall  sign more than one such petition. Should an elector sign more than one such petition, his or her signature shall be  void  except upon the petition first signed;  (4)  no  candidate  shall  be  identified  by political party or other organizational affiliation on the nominating petitions or the ballot;  (5) certification of acceptance or declination are not required to  be acknowledged; and  (6)  the  order  of  the  names  of  candidates on the ballot shall be determined in the same manner as the order of names of candidates  in  a primary election.  (b)  Notwithstanding  the provisions of section 14-102 of the election law to the contrary,  all  receipts  and  contributions  received  by  a candidate  for  community  board or a political committee on behalf of a candidate  for  community  board  from  any  one  contributor  must   be specifically  accounted  for  by  separate  items in such candidate's or committee's financial disclosure statement.  (c) At each election, any candidate for community board  member  shall be  entitled  to exercise all the rights granted by section 8-500 of the election law to a political party or independent body in regard  to  the appointment of watchers and challengers for the polls.  (d)  Any  public  hearing  held  by the board of elections or the city board with respect  to  the  community  school  board  elections  or  to candidates  for community boards must be stenographically transcribed or recorded in another manner and such transcripts or  written  records  of such  recordings  must  be  made  available for public inspection at the offices of the city board and the board of elections.  (e) Any decision rendered by the board of elections or the city  board with respect to candidates for community boards must be written and made available for public inspection within seven days of its issuance at the offices  of  the  city  board  and  the board of elections. Such written decision shall include the factual and legal basis for its issuance  and a  record  of the vote of each board member or commissioner of elections who participated in the decision.   7.  The  members  of  each  community  board  shall  be   elected   by proportional representation in accordance with the following rules:  (1)  Paper  ballots.  Community  board  members shall be voted for, in accordance with the instructions provided in paragraph three,  on  paper ballots  on  which  the  candidates are listed by name only. The ballots shall conform to the provisions of the election law for  paper  ballots,  so far as applicable, except as to size and as hereinafter provided. The ballots shall contain a square for voting before each candidate's name.  (2)  Order  of  names  on ballot. The names of the candidates shall be printed in the alphabetical order of their surnames,  except  that  they shall  be  rotated  by  polling  places  by  transposing the first named candidate to the bottom of the order at each succeeding  polling  place; so  that  each  name shall appear first and in each other position in an equal number, as nearly as possible, of the polling places.  (3) Instructions to voters. There shall be no indication on the ballot of a definite number of candidates to be voted for. The instructions  to voters shall read as follows:                               INSTRUCTIONS                   Mark Your Choices with NUMBERS Only.                        Do NOT use X Marks.)   Put the number 1 in the square opposite the name of your first choice.   Put  the  number  2 opposite your second choice, the number 3 opposite your third choice, and so on. You  may  mark  as  many  choices  as  you please.   Do not put the same number opposite more than one name.   To  vote  for a person whose name is not printed on this ballot, write his name on a blank line under the names of the  candidates  and  put  a number in the square opposite to show which choice you wish to give him.   If  you  tear or deface or wrongly mark this ballot, draw lines across its face to prevent its being used, return it and obtain another.  (4) Central count. Prior to every election at  which  community  board members  are  to  be  elected,  the board of elections shall designate a central counting place for each community  district  where  the  ballots shall  be  brought together and counted publicly; shall appoint for each central counting place a board of  two  competent  persons,  to  act  as directors  of  the  count  for  such  counting  place;  shall  employ  a sufficient staff of assistants for each counting place, and  shall  make suitable  arrangements  for  the  counting and recording of the ballots, subject to the provisions of this article. If the board of elections and the city board determine it to be feasible and desirable, the  board  of elections may provide for the counting of the ballots by any combination of  electronic,  mechanical or other devices to carry out the provisions of this section. The board of elections shall prepare  and  provide  all necessary forms and equipment.  (5) Assembling ballots. As soon as the polls have closed, the election officials assigned by the board of elections at each polling place shall seal  the ballot boxes without opening them and shall send them at once, as the board of elections may direct, to the central counting place  for the  district with a record of the number of ballots for community board member which have been voted in their polling place.  (6) Checking number of ballots. At  the  central  counting  place  the number  of  ballots  for community board member found in each ballot box shall  be  recorded  and  compared  with  the  record  sent   from   the corresponding  polling  place.  The  records thus compared shall be made available to the public with notations  explaining  any  corrections  or changes  made therein. Discrepancies which cannot be reconciled shall be shown on the record. All ballots found in the ballot boxes which bear no evidence of having been improperly cast shall be accepted.  (7) Sorting of ballots. Ballots shall be sorted by polling  places  in an order determined by lot.  (8)  Rules  for  validity.  If  a  ballot  does not clearly show which candidate the voter  prefers  to  all  others  or  if  it  contains  the signature  of  the  voter, it shall be held as invalid. Every ballot not thus invalid shall be counted according to the intent of  the  voter  so  far  as that can be clearly ascertained, whether marked according to the instructions printed on it or not.  No  ballot  shall  be  held  invalid because it is marked in ink or pencil different from the one supplied at the  polling place, or because the names of candidates thereon have been stricken out by the voter.  Any  cross  mark  or  check  mark  shall  be disregarded,  except  that a single cross mark or check mark on a ballot on which no number one appears shall be  considered  equivalent  to  the number  one.  If  the  consecutive  numerical  order of the numbers on a ballot is broken by the omission of one or more  numbers,  the  smallest number  marked  shall be taken to indicate the voter's first choice, the next smallest his second, and so on, without regard  to  the  number  or numbers omitted.  (9)  Count  of  first  choices. At the beginning of the count for each district the ballots shall be sorted and counted according to the  first choices  marked  on  them.  The  ballots  shall  be  so  credited to the candidates of their choice in the order of polling places chosen by  lot as specified in paragraph seven of this subdivision. The number of valid ballots  cast  for  each candidate as first choice in each polling place and the total number of valid ballots for each  candidate  and  for  all candidates shall be determined and recorded.  (10)  Single  transferable vote. Each candidate shall be credited with one vote for every ballot that is sorted  to  him  as  first  choice  or transferred  to him as hereinafter provided, and no ballot shall ever be credited to more than one candidate at the same time.  (11) Quota sufficient to elect. The quota of votes sufficient to elect a community board member shall  be  determined  by  dividing  the  total number  of valid ballots cast in the community district by one more than the number of members to be elected for the district and adding  one  to the  result,  disregarding  fractions.  This  is  the smallest number of ballots which could be received separately by each of as many candidates as are to be elected but not by one more.  (12)  Election  of  candidates  with  quotas.  All  candidates   whose first-choice  ballots  equal  or  exceed  the  quota  shall  be declared elected.  (13) Transfer of surplus ballots. All of the surplus ballots in excess of the quota of each candidate so elected shall be transferred from him, each to the unelected candidate indicated on it  as  next  choice  among such  candidates.  The  ballots  to be so transferred as surplus ballots shall be those last received by the candidate  in  the  count  of  first choices  which  show a clear next choice for an unelected candidate. All ballots which show no such clear next choice shall be left to the credit of the candidate of their first choice. If more than one  candidate  has first-choice  ballots in excess of the quota, the surplus ballots of the candidate with most ballots shall be transferred first,  then  those  of the candidate with next most ballots, and so on.  (14)  Election  of  candidates  during  transfers. Whenever during any transfer of ballots, at any stage of the counting, the number of ballots credited to a candidate becomes equal to the quota, he shall be declared elected and no ballots in excess of the quota shall  be  transferred  to him.  Any  transferred  ballots in excess of the quota which show a next choice for such candidate shall be transferred further at once, each  to the  next  subsequent  choice  on  it  for  a  continuing  candidate.  A "continuing candidate" is a candidate not yet elected  or  defeated.  If such  a  ballot  shows  no such further choice, it shall be set aside as "exhausted".  (15) Defeat of lowest candidates. After the count of first choices and the transfer of all surplus  ballots,  if  any,  the  candidates  having fewest  votes  to  their credit shall be successively defeated and their  ballots transferred as hereinafter provided. The one candidate with  the fewest  votes shall be declared defeated first. If at this point, two or more of the candidates with the next fewest votes,  including  any  such candidates  whose  names have been written in, have together fewer votes than the candidate next higher in number  of  votes,  they  may  all  be declared  defeated  together  unless  this  would  reduce  the number of undefeated candidates below the number to be elected.  (16) Transfer of ballots from defeated candidates. All the ballots  of the candidates thus defeated shall be transferred, each to the candidate indicated  on  it  as  next choice among the continuing candidates. If a ballot shows no such further choice, it shall be set aside as exhausted. If the same choice is marked for more than one candidate,  it  shall  be disregarded  except  as to continuing candidates, but if the next choice for a continuing candidate  is  marked  for  more  than  one  continuing candidate, the ballots shall be set aside as exhausted.  (17)  Defeat  of  candidate  then  lowest. When all the ballots of the candidate or candidates first defeated have been  transferred,  the  one candidate  who is then lowest on the poll shall be declared defeated and all his ballots transferred in the same way.  (18) Successive  defeats  and  transfers  of  ballots.  Thereupon  the candidate  who is then lowest on the poll shall be declared defeated and all his ballots similarly transferred. The lowest  candidates  shall  be declared  defeated one at a time and all their ballots transferred until the election is at an end as hereinafter provided.  (19) Order of  transfer.  When  ballots  are  being  transferred  from defeated  candidates,  they shall be transferred in the reverse order to that in which they were credited to  the  candidate  whose  ballots  are being transferred, except that if no quota can possibly be completed for another  candidate  during  the  transfer they may be transferred in any order.  (20) Ties. In deciding any tie a candidate shall be treated as  having more votes than another if he was credited with more votes at the end of the  last  preceding transfer or sorting of ballots at which the numbers of their votes were different. Any tie not thus decided shall be decided by lot.  (21) Election ended when all quotas are completed. If at any  time  as many  candidates as are to be elected have received the quota, the other candidates shall all be declared defeated and the election shall  be  at an  end.  Any  transfer  that  is in progress when the last candidate is elected may be completed for the record.  (22) Last candidates elected even if quotas are not completed.  If  at any  time  all  ballots of any defeated candidates have been transferred and it is impossible to defeat another candidate  without  reducing  the continuing  candidates  below  the  number  still to be elected, all the continuing candidates shall be declared elected and the  election  shall be at an end.  (23)  Correction  of errors. If at any time after the first sorting of the ballots a ballot is found  to  have  been  misplaced,  it  shall  be credited  to the candidate who should have been credited with it at that stage of the counting or set aside as exhausted if that would have  been the  proper  disposition  of  it  at  that stage, and any changes in the disposition of the ballots composing completed quotas made necessary  by the  correction shall also be made forthwith. If the number of misplaced ballots found indicates that the list of continuing  candidates  may  be incorrect,  so  much  of  the sorting and counting as may be required to correct the error shall be done over again before the count proceeds.  (24) Record of count. A record of the count shall be kept in such form as to show, after each  sorting  or  transfer  of  ballots,  the  number  thereby  credited to each candidate, the number thereby found exhausted, the total for each candidate, the total found exhausted, and  the  total number of valid ballots found by adding the totals of all candidates and the total found exhausted.  (25)   Record  and  disposition  of  ballots.  Every  ballot  that  is transferred from one candidate to another shall be stamped or marked  so as to show all the candidates to whom it is successively credited during the  entire  course  of  the  count.  If  in  correcting an error, or in recounting ballots, any ballots are re-sorted or  re-transferred,  every such  ballot  shall  be made to take the same course that it took in the original count unless the correction of an error requires its  taking  a different course.  (26)  Ineligible  candidates.  If  a  candidate  dies or is officially determined to be ineligible  before  the  counting  of  the  ballots  is completed, all choices for such candidate shall be disregarded and every ballot  which would otherwise have been counted for him shall be counted for the next choice thereon, if any, instead.  (27) Public attendance at count. The  candidates,  representatives  of the  press  and  other  media and, so far as may be consistent with good order and convenience, the public shall be afforded every  facility  for being present and witnessing the count.  (28)  Supplementary  regulations.  Administrative  regulations for the conduct of elections by proportional  representation,  not  inconsistent with  the  provisions of this article may be made by the city board and, subject to any such regulation, by the board of elections in the city of New York.   ** 7. Method of election. The members of each community board shall be elected in accordance with the following rules of limited voting:  (a) Community board members shall be voted for on voting machines,  in accordance  with  the  provisions  of  title two of article seven of the election law.  (b) Order of names on ballot. The names of  the  candidates  shall  be printed  in  the  alphabetical order of their surnames, except that they shall be rotated by  polling  places  by  transposing  the  first  named candidate to the bottom of the order at each succeeding polling place so that each name shall appear first and in each other position in an equal number, as nearly as possible, of the polling places.  (c)  Vote  casting.  Each  voter is entitled to cast one vote for each candidate to a maximum of four votes. No voter may cast  more  than  one vote for any one candidate.  (d) Election of candidates. The nine candidates receiving the greatest number  or  votes  when  ballots  are  counted  in  accordance  with the provisions of article nine of the election law shall be elected.  (e) Ties. In the event that more  eligible  persons  than  the  number remaining  to  be elected receive an equal number of votes, on notice to the persons receiving the same number of votes, the board  of  elections in the city of New York shall determine by lot which of those persons is elected.  (f)  Supplementary  regulations.  Administrative  regulations  for the conduct of elections  by  limited  voting,  not  inconsistent  with  the provisions of this article, may be made by the board of elections in the city of New York, in consultation with the city board.   ** NB  The amendments to subdivision 7 made by chapter 149 of the laws of 1998, although signed into law by the Governor on July 2,  1998,  are not  operative  until precleared by the Department of Justice, which has not yet occurred.   8. (a) In addition to the conditions enumerated in the public officers law creating a vacancy, 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 the third unexcused absence the board shall declare a vacancy and certify the existence of the vacancy to the chancellor.  (b) Vacancies shall be filled for the unexpired term by the  community board   after   consultation  with  the  presidents'  council  or  other consultative  body  representing   parents'   associations   and   other educational  groups  within  the  district. Recommendations made by such parents and other educational groups shall be submitted in  writing  and included  within  the  record  of  the  meeting  at which the vacancy is filled.  (c) If the vacancy is not filled by the board within sixty days  after it  is  declared  due to a tie vote for such appointment, the chancellor shall vote with the community board, to break  such  tie  vote.  If  the board  has  failed  to  fill  the  vacancy within sixty days after it is declared because of any other reason, the  chancellor  shall  order  the board  to do so pursuant to section twenty-five hundred ninety-l of this chapter.   9. Public information and education. (a) Each  community  board  shall prepare  and  submit to the city board monthly a performance report. The information provided shall include community board  members'  attendance records; participation in community board committees and other community board  activities; visits to schools; and voting records on major issues before the community board.  (b) The city  board  shall  review  and  consolidate  the  performance reports into one comprehensive city district-wide report, which shall be disseminated to the community and the media semiannually.   10.  Polling place procedures. The board of elections shall provide at the locations designated as polling places on the days of the  community board  elections, sufficient employees who have received formal training regarding the  conduct  of  community  board  elections,  including  the procedures  applicable  to  parent voters. The board of elections of the city of New York shall provide polling place employees who  speak  other languages as required by law.   11.  Distribution  of  information/media.  Beginning in October of the school year in which the community school election will take place,  and continuing  until  the date of election, the city board shall ensure the distribution of voter guides  to  parents  in  addition  to  information regarding  community  board  roles, functions, and activities, including upcoming elections, voter registration, candidate information,  and  the nature  of  the  election  process  to parents and to the general public through city-wide and local media. The  city  board  and  the  board  of elections of the city of New York should use foreign language and ethnic newspapers and television stations to maximize minority participation in the electoral process.   12.  Definition. For the purposes of this section, the term "parent of a child" shall include a parent of a child with a disability, as defined in article eighty-nine of this chapter.   * NB Revived June 30, 2022