NY Educ L § 2553 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More 2553 - Board of Education; Eligibility; How Chosen; Term of Office; Vacancies.

§ 2553. Board  of  education; eligibility; how chosen; term of office; vacancies. 1. No person shall be eligible to the office of member  of  a board of education who is not a citizen of the United States, who is not qualified  to register for or vote at an election in accordance with the provisions of section 5-106 of the election law, and who, in the case of the city school district of the city of Yonkers, has not been a resident of the city school district for which he is chosen for a  period  of  at least  three  years  immediately  preceding  the date of his election or appointment and who, in the case of the city school district of the city of Buffalo, in the case of a member to be elected  at  large  is  not  a qualified  voter  of  such  city  school district and who has not been a resident of  such  district  for  a  period  of  at  least  three  years immediately  preceding  the  date  of  his election and in the case of a member elected from a city school subdistrict is not a  qualified  voter of  such city school subdistrict and has not been a resident of the city school district for three years  and  a  resident  of  the  city  school subdistrict  which  he  represents or seeks to represent for a period of one year immediately preceding the date of his election, and who, in the case of the city school district of the city  of  Rochester,  is  not  a qualified  voter  under  section  5-102 of the election law of such city school district; and who in the case of the city school district of  the city  of  Syracuse has not been a qualified voter under section 5-102 of the election law of such city school district for at least  ninety  days immediately preceding the date of his election or appointment.   2.  In  the  city  school  districts  of  the  cities of Rochester and Syracuse the members of such board of education shall be chosen  by  the voters  at  large at either a general or municipal election, or at both. In the city school district of the city of Buffalo the members  of  such board  of  education  shall  be  chosen  pursuant  to  the provisions of subdivision ten of this section.   3. In the city school district of the city of Yonkers members  of  the board  of  education  shall  be  appointed from the city at large by the mayor and shall be for terms of five years each, to begin on  the  first Tuesday in May.   4.  In the city school districts of the following cities, the terms of such members shall be as follows:   a. Rochester: Four Years;   b. Syracuse: Four Years;   c. Yonkers: Five Years.   5. The terms of one-fifth of all the members of a board of  education, or of a fraction as close to one-fifth thereof as possible, shall expire annually  on  the  first  Tuesday  in  May,  except  in  the city school districts of the cities of Buffalo, Rochester and Syracuse.   6. If a vacancy occurs other than by expiration of term in the  office of  a member of a board of education in a district in which such members are elected at a general or municipal election, such  vacancy  shall  be filled  by  appointment by the mayor until the next general or municipal election is held, and such vacancy shall then be filled at such election for the unexpired portion of such term, except that in the  city  school district  of  the  city  of  Rochester  any such vacancy shall be filled pursuant to the provisions of  subdivision  nine  of  this  section  and except  further  that  any such vacancy on the board of education of the city school district of the city of Buffalo shall be filled pursuant  to the provisions of subdivision ten of this section.   7.  If  such  vacancy occurs in such office in a district in which the members of the board of education  are  appointed  by  the  mayor,  such vacancy shall be filled by appointment by the mayor of such city for the  unexpired portion of such term, but in Buffalo such appointment shall be subject to confirmation by the council.   8. A member of a board of education who publicly declares that he will not  accept or serve in the office of member of such board of education, or refuses or neglects to  attend  three  successive  meetings  of  such board,  of which he is duly notified, without rendering a good and valid excuse therefor to the other members of such board of education, vacates his office by refusal to serve.   9. (a) The members of the  board  of  education  of  the  city  school district  of  the  city  of  Rochester shall be elected by the qualified voters of such city as provided herein.  (b) The members of the board of education shall be  elected  at  large throughout the city by the qualified voters at a general election.   * (c)  Such  elections  for  such  officers  shall  be governed by the provisions of the election law in the  same  manner  as  candidates  for office  generally  to be elected by the voters of the city of Rochester; provided, however, that each such candidate shall be  required  to  file petitions containing at least three hundred signatures.   * NB Effective until December 31, 2021   * (c)  Such  elections  for  such  officers  shall  be governed by the provisions of the election law in the  same  manner  as  candidates  for office  generally  to be elected by the voters of the city of Rochester; provided, however, that each such candidate shall be  required  to  file petitions containing at least one thousand signatures.   * NB Effective December 31, 2021  (d)  No  person  shall  be  eligible for the office of members of such board of education who is not a qualified voter under section  5-102  of the  election  law of such city school district. No person shall hold at the same time the office of member of the board  of  education  and  any other elective office nor shall he be a candidate for any other elective office  at  the  same time he is a candidate for the office of member of such board of education.  (e) The term of office of each member of  such  board  shall  be  four years,  commencing  on  the first day of January following his election. The candidates receiving a plurality of the votes cast respectively  for the  several  offices  shall  be  declared  elected. Where more than one office is to be filled by such election and there is a variance  in  the length of the terms, the candidate receiving the largest number of votes shall  be  entitled to the longest term and the candidates receiving the next highest number of votes shall be entitled, in decreasing  order  of the  respective  number  of  votes to the several offices, in decreasing order of the length of  such  terms  or  unexpired  portions  of  terms. Whenever  a  vacancy shall occur or exist in the office of member of the board of education except by reason of expiration of term, such  vacancy shall  be  filled  by  the  president  of  the  board  of  education  by appointment of a nominee of the members of the board of education of the same political affiliation as the person who vacated the office and such nominee shall be elected by the majority vote of the board of education; if the board shall not have filled the vacancy within thirty  days  from the  date  the  vacancy  occurred, then the president of the board shall fill the vacancy from the same political party as that of the person who vacated the office. However, if the vacancy shall occur in the office of member of the board of education filled by an  incumbent  elected  on  a non-partisan  or  an  independent  basis,  such vacancy shall be filled, after nomination by the president of the board of education, by majority vote of the remaining members  of  the  board  of  education.  A  person appointed  to  fill  a  vacancy  shall  hold office to and including the thirty-first day of December next succeeding the first general  election  following  such  vacancy,  at  which a successor must be elected for the remainder of the unexpired term, if any.  (f)  The members so elected to the board of education shall convene on the first business day in January of  each  year  at  the  time  of  the commencement  of  their  term  of office and select from their members a president who shall serve for a term of one year or such other term, not exceeding the term of his office, as may  be  fixed  by  the  rules  and regulations of the board.  (g)  The  election  of members of the board of education of the school district of Rochester shall take place at a general election to be  held in  such  city  when an incumbent's term expires, and the first election hereinunder shall take place in November of nineteen hundred eighty-one. Such election shall be conducted by the board of elections of the county of Monroe in the same manner as general elections are conducted  by  it. The  results of such elections, after canvassing, shall be certified and reported by the board of elections to the board  of  education  of  such city.  The  clerk or other appropriate officer of the board of education shall within twenty-four hours after the receipt of  such  certification by the board of elections serve a written notice either personally or by mail upon each person declared to be elected as a member of the board of education informing him of his election and the length of his term.  (h)  Notwithstanding  the  provisions  of  any  other law, the present members of said board of education shall serve the full terms for  which they  were  elected.  Vacancies  which  may  occur in the board shall be filled as provided herein, except, that the  vacancies  created  by  the expansion  of  the  board  of  education  from five to seven members, as provided herein, shall be filled at the next general election.   10. a. The members of the  board  of  education  of  the  city  school district of the city of Buffalo shall be elected by the qualified voters of such city as provided herein.   b. The common council of the city of Buffalo shall within three months of  the  operative  date  of  this paragraph of this section of this act define and publish by local law boundaries of each of  six  city  school subdistricts  which  said  subdistricts  shall be contiguous and each of which  shall  contain  as  nearly  as  possible  the  same   number   of inhabitants.  The  boundaries  of  the said city school subdistricts may thereafter be redefined by the board of education  of  the  city  school district  of  the  city of Buffalo by resolution, after a public hearing thereon, at intervals of not less than five years  and  such  resolution must  be  passed  at  least  eight months prior to the next election for school board member or members.   c. The members of the board of education of the city  school  district of the city of Buffalo shall be elected as follows: one member from each of  such  six city school subdistricts within such city by the qualified voters therein and three members of such board  of  education  shall  be chosen by the qualified voters at large within such city.   d.  * (1)  Such  election  for  such  office  shall be governed by the provisions of the election law in the  same  manner  as  candidates  for office  generally  to  be  elected by the voters of the city of Buffalo. Notwithstanding section 6-142 of the election law, each  such  candidate for  election  as  a member of the board of education from a city school subdistrict shall be required to file a petition  containing  signatures of  at  least  three  hundred  registered  voters  of  such  city school subdistrict in which he is a candidate and each candidate  for  election to  the  board  of education by the voters at large shall be required to file a petition containing the signatures  of  at  least  three  hundred registered voters of the city of Buffalo.   * NB Effective until December 31, 2021    * (1)  Such  election  for  such  office  shall  be  governed  by  the provisions of the election law in the  same  manner  as  candidates  for office  generally  to  be  elected by the voters of the city of Buffalo. Notwithstanding section 6-142 of the election law, each  such  candidate for  election  as  a member of the board of education from a city school subdistrict shall be required to file a petition  containing  signatures of  at  least  five  hundred  registered  voters  of  such  city  school subdistrict in which he is a candidate and each candidate  for  election to  the  board  of education by the voters at large shall be required to file a petition containing the  signatures  of  at  least  one  thousand registered voters of the city of Buffalo.   * NB Effective December 31, 2021  (2)  No petition shall contain any political party or independent body name or label.  Each  petition  shall  contain  the  name  of  only  one candidate  and  such petition shall be filed with the board of elections of the county of Erie not earlier than twenty-four weeks before, and not later than twenty-three weeks preceding the date on  which  an  election shall  be  held.  A  certificate  of  acceptance  or  declination of any individual so nominated shall be filed not  later  than  the  third  day after the twenty-third Tuesday preceding the election.   e.  No  person shall hold at the same time the office of member of the board of education of the city of Buffalo and any other elective  office nor  shall  he  be a candidate for any other elective office at the same time he is a candidate for  the  office  of  member  of  such  board  of education.   f.  Petitions for the nomination of members of such school board shall be on white paper containing the required signatures of qualified voters of the city of Buffalo. The sheets of such petition  shall  be  numbered consecutively,  beginning  with  number  one, at the foot of each sheet. Such a petition must set forth in every instance  the  correct  date  of signing,  the full name of the signer and his or her residence. A signer need only place his or her signature upon the  petition,  and  need  not himself or herself fill in the other required information.   g.  Each  sheet of such a petition shall be signed in ink and shall be substantially in the following form:   I, the undersigned, do hereby state that I am a duly  qualified  voter of  the  city  of  Buffalo,  that  my place of residence is truly stated opposite my signature hereto, and I do  hereby  nominate  the  following named  person  as  a  candidate for nomination (for the public office of member  of  the  board  of  education  of  the  city   of   Buffalo   at large..............day  of....................,  20.....,) (for the city school subdistrict.............day of........, 20.....)    I do hereby appoint........................(here insert the names  and addresses  of  at  least  three persons, all of whom shall be registered voters within the city of Buffalo), as a committee to fill vacancies  in accordance with the provisions of the election law.   In  witness  whereof,  I  have  hereunto  set my hand the day and year placed opposite my signature.      Date             Name of Signer           Present Residence  ..............    ..................        ....................  ..............    ..................        ....................  ..............    ..................        ....................    The petition shall be authenticated by witnesses. Such statement shall be accepted for all purposes as the equivalent of an affidavit,  and  if false  shall  subject  the witness to the same penalties as if he or she  had been duly sworn. The form of such statement shall  be  substantially as follows:                            STATEMENT OF WITNESS    I,....................,   (name  of  witness),  state:  I  am  a  duly qualified voter of the state of New York, and now reside  in  the  city, town    or    village    of...............,    in    such    state,   at .......................(fill in street and house number and post office) therein. I know each of the voters whose names are  subscribed  to  this petition  sheet  containing  (fill in number).............signatures and each of them subscribed the same in my presence and upon so  subscribing declared to me that the foregoing statement, made and subscribed by him, was true.                                               .....................                                              Signature of witness Date...........    h. The board of elections shall refuse to accept such petitions signed by  an  insufficient  number of qualified voters, or petitions which are not timely or petitions bearing a political party or  independent  body, name or emblem or which contain the name of more than one candidate.   i. Except as it may be modified by the provisions of paragraph (d) and paragraph  (n)  of  this subdivision, the provisions of the election law with respect to  acceptances  by  candidates  nominated  by  independent nominating  petitions  shall  apply to candidates nominated by petitions for members of such board of education.   j. Objections to petitions for the nomination of members of such board of education, procedures and  remedies  applicable  to  such  objections shall be made pursuant to section 6-154 of the election law.   k.  The  board of elections shall cause to be printed official ballots containing the names of all candidates as above  provided,  except  that the  board  may refuse to have the names of ineligible candidates placed on such ballots. The names of the candidates shall be arranged according to lot, and shall not bear the designation of  any  political  party  or independent body, name or emblem. Blank spaces shall be provided so that voters  may  vote  for  candidates  who  have not been nominated for the offices to be filled at such elections. The form of such  ballots  shall conform  substantially  to the form of ballots used at general elections as prescribed in the election law.   l. Voting for the election of members of such board of education shall be by voting machine and shall be governed by the applicable  provisions of the election law with respect to voting machines.   m. If a candidate, after a petition in his behalf shall have been duly filed  with  the  board  of  elections,  and  prior  to  the date of the election, shall decline to accept the nomination, die, remove  from  the school district, accept another office, or become otherwise disqualified for  such  city  school district office, such vacancy shall be filled by the committee on vacancies pursuant to the election law.   n. The term of office of each member of such board from a city  school subdistrict  shall  be  three years, and the term of office of each such member of the board elected at large shall be for  five  years.  Of  the candidates to be elected for membership on the board of education of the city  school  district of the city of Buffalo by the voters at large the three candidates receiving the largest number of votes cast in the city, shall  be  declared  elected  as  at-large  members  of  such  board  of education.  In  each  city school subdistrict the candidates seeking the  election as the member of such board of education for such  city  school subdistrict   receiving  a  plurality  of  votes  in  such  city  school subdistrict shall be declared elected to that position.   Whenever a vacancy shall occur or exist in the office of member of the board of education except by reason of expiration of term or increase in the  number  of members of such board, such vacancy shall be filled by a majority vote of the remaining members of the board of education  within thirty  days  of  the date when such vacancy shall have occurred. If the remaining members of the board of education  shall  fail  to  fill  such vacancy  within  such  thirty  day period, then the mayor of the city of Buffalo shall within thirty days thereafter fill such vacancy subject to the confirmation of such appointment by the common council of  the  city of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict member  of  the  board  of  education  unless  he  fulfills  all  of the qualifications in this subdivision to enable him to be a  candidate  for the  office  of  a member of the board of education from the subdistrict involved.   o. The members so elected to the board of education shall  convene  on the  first  business  day  in  January  of each year, at the time of the commencement of their term of office and select  from  their  members  a president who shall serve for a term of one year or such other term, not exceeding  the  term  of  his  office,  as may be fixed by the rules and regulations of the board.   p. The election of members of the board of  education  of  the  school district  of  the  city of Buffalo shall take place on the first Tuesday after the first Monday in November in each year in which an  incumbent's term expires. Such election shall be conducted by the board of elections of  the  county  of  Erie  in  the  same  manner  as other elections are conducted by it. The results of such elections, after canvassing,  shall be  certified  and  reported  by  the board of elections to the board of education of such city. The clerk or other appropriate  officer  of  the board  of education shall within twenty-four hours after receipt of such certification by the board of elections serve a  written  notice  either personally  or  by  mail  upon  each  person declared to be elected as a member of the board of education informing him of his election  and  the length of his term.