S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5038
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2015
                                      ___________
       Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN  ACT  to  amend  the  education law, in relation to providing for the
         appointment of members of the  board  of  education  in  the  city  of
         Buffalo;  and providing for the repeal of such provisions upon expira-
         tion thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  a  of  section 2552 of the education law, as
    2  amended by chapter 138 of the laws  of  1974,  is  amended  to  read  as
    3  follows:
    4    a.  City  school  district  of  the  city  of Buffalo:   [nine] ELEVEN
    5  members.
    6    S 2. Subdivision 1 of section 2553 of the education law, as separately
    7  amended by chapters 211 and 441 of the laws of 1980, is amended to  read
    8  as follows:
    9    1.  No  person shall be eligible to the office of member of a board of
   10  education who is not a citizen of the United States, who is  not  quali-
   11  fied  to  register  for  or  vote  at an election in accordance with the
   12  provisions of section 5-106 of the election law, and who, in the case of
   13  the city school district of the city of Yonkers, has not been a resident
   14  of the city school district for which he is chosen for a  period  of  at
   15  least  three  years  immediately  preceding  the date of his election or
   16  appointment and who, in the case of the city school district of the city
   17  of Buffalo, in the case of a member to be elected OR APPOINTED at  large
   18  is  not  a  qualified voter of such city school district and who has not
   19  been a resident of such district for a period of at  least  three  years
   20  immediately preceding the date of his election OR APPOINTMENT and in the
   21  case  of a member elected from a city school subdistrict is not a quali-
   22  fied voter of such city school subdistrict and has not been  a  resident
   23  of  the  city school district for three years and a resident of the city
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10711-03-5
       S. 5038                             2
    1  school subdistrict which he represents or seeks to represent for a peri-
    2  od of one year immediately preceding the date of his election, and  who,
    3  in the case of the city school district of the city of Rochester, is not
    4  a  qualified  voter under section 5-102 of the election law of such city
    5  school district; and who in the case of the city school district of  the
    6  city  of  Syracuse has not been a qualified voter under section 5-102 of
    7  the election law of such city school district for at least  ninety  days
    8  immediately preceding the date of his election or appointment.
    9    S  3.  Paragraph  a of subdivision 10 of section 2553 of the education
   10  law, as added by chapter 242 of the laws of 1974, is amended to read  as
   11  follows:
   12    a.  The  members of the board of education of the city school district
   13  of the city of Buffalo shall be elected by the qualified voters of  such
   14  city OR APPOINTED BY THE MAYOR as provided herein.
   15    S  4.  Paragraph  c of subdivision 10 of section 2553 of the education
   16  law, as added by chapter 242 of the laws of 1974, is amended to read  as
   17  follows:
   18    c.  [The]  NINE  OF  THE members of the board of education of the city
   19  school district of the city of Buffalo shall be elected as follows:  one
   20  member  from  each of such six city school subdistricts within such city
   21  by the qualified voters therein and  three  members  of  such  board  of
   22  education  shall  be chosen by the qualified voters at large within such
   23  city. THE REMAINING TWO MEMBERS OF SUCH  BOARD  OF  EDUCATION  SHALL  BE
   24  APPOINTED  BY  THE MAYOR OF THE CITY OF BUFFALO AT LARGE FROM WITHIN THE
   25  CITY SUBJECT TO THE CONFIRMATION OF SUCH APPOINTMENT BY A MAJORITY  VOTE
   26  OF THE COMMON COUNCIL OF THE CITY OF BUFFALO.
   27    S  5.  Paragraph  n of subdivision 10 of section 2553 of the education
   28  law, as added by chapter 242 of the laws of 1974, is amended to read  as
   29  follows:
   30    n.  The term of office of each member of such board from a city school
   31  subdistrict OR APPOINTED BY THE MAYOR shall be three years, and the term
   32  of office of each such member of the board elected at large shall be for
   33  five years. THE INITIAL TERM OF OFFICE OF EACH APPOINTED MEMBER  OF  THE
   34  BOARD SHALL BEGIN ON JULY FIRST, TWO THOUSAND FIFTEEN. Of the candidates
   35  to  be  elected  for  membership  on  the board of education of the city
   36  school district of the city of Buffalo by the voters at large the  three
   37  candidates receiving the largest number of votes cast in the city, shall
   38  be  declared  elected as at-large members of such board of education. In
   39  each city school subdistrict the candidates seeking the election as  the
   40  member  of  such  board  of  education  for such city school subdistrict
   41  receiving a plurality of votes in such city school subdistrict shall  be
   42  declared elected to that position.
   43    Whenever  a  vacancy  shall occur or exist in the office of AN ELECTED
   44  member of the board of education except by reason of expiration of  term
   45  or  increase  in the number of members of such board, such vacancy shall
   46  be filled by a majority vote of the remaining members of  the  board  of
   47  education  within  thirty  days of the date when such vacancy shall have
   48  occurred. If the remaining members of the board of education shall  fail
   49  to  fill  such  vacancy within such thirty day period, then the mayor of
   50  the city of Buffalo shall within thirty days thereafter fill such vacan-
   51  cy subject to the confirmation of such appointment by the common council
   52  of the city of Buffalo. No one shall be appointed to fill a vacancy of a
   53  subdistrict member of the board of education unless he fulfills  all  of
   54  the  qualifications  in this subdivision to enable him to be a candidate
   55  for the office of a member of the board of education  from  the  subdis-
   56  trict involved.
       S. 5038                             3
    1    WHENEVER  A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE OF AN APPOINTED
    2  MEMBER OF THE BOARD OF EDUCATION EXCEPT BY REASON OF EXPIRATION OF TERM,
    3  THE MAYOR OF THE CITY OF BUFFALO SHALL  WITHIN  THIRTY  DAYS  THEREAFTER
    4  FILL SUCH VACANCY SUBJECT TO THE CONFIRMATION OF SUCH APPOINTMENT BY THE
    5  COMMON COUNCIL OF THE CITY OF BUFFALO.
    6    S  6.  Paragraph  o of subdivision 10 of section 2553 of the education
    7  law, as added by chapter 242 of the laws of 1974, is amended to read  as
    8  follows:
    9    o.  The  members so elected to the board of education shall convene on
   10  the first business day in  July  of  each  year,  at  the  time  of  the
   11  commencement  of their term of office, WITH THE APPOINTED MEMBERS OF THE
   12  BOARD and select from their members a president who shall  serve  for  a
   13  term  of  one  year  or  such  other term, not exceeding the term of his
   14  office, as may be fixed by the rules and regulations of the board.
   15    S 7. This act shall take effect immediately and shall  expire  and  be
   16  deemed  repealed  three  years  after such date; provided that the addi-
   17  tional members of the board of education of the city school district  of
   18  the city of Buffalo added by this act shall continue in office until the
   19  end of their appointed term.