NY State Senate Bill 2009-S1958

Senate Bill S1958

2009-2010 Legislative Session

Makes provisions regarding appointment of members of the board of education for the city of Buffalo

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Feb 10, 2009	referred to education

2009-S1958 (ACTIVE) - Details

See Assembly Version of this Bill:: A7667
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2552 & 2553, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A4572

2009-S1958 (ACTIVE) - Summary

Increases from 9 to 11 the number of members on the board of education for the city of Buffalo; provides for appointment of two members by the Mayor of the city of Buffalo.

2009-S1958 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1958

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to allow the Mayor of the City of
Buffalo to appoint two (2) members to the Board of Education in the
City of Buffalo in addition to the nine (9) members who are elected to
the Board.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 2552 and various subdivisions of Section 2553 of the education
law are being amended to provide for the appointment of two board
members which would be in addition to the election of nine members
currently provided therein. The amendments ensure that the provisions
of the education law apply to the appointed members as well as the
elected members. They also provide that a vacancy of an appointed
member shall be filled by the mayor within thirty days of the vacancy
and that the initial terms of office of the appointed members
terminate at the same time as the at-large elected members in office
at the time of the appointment.

 JUSTIFICATION :

The Board of Education of the City of Buffalo currently consists of
nine members, each of whom is elected to the Board. Six members are
elected from six school sub-districts within the city and three are
elected from the population of the city at-large. The Board previously
was comprised of seven at-large appointments made by the mayor. In
1973, the education law was amended to provide the current
configuration. It is now felt that the mayor of the City should regain
a voice in the policy and administrative decisions made by the board.

In recent years, it has become apparent that there is a need for the
mayor to be involved in the actions of the Board. These amendments
will not surrender control of the Board to the Mayor or the city
government, but serve as a step toward building a bridge to create
greater fiscal accountability. As a fiscally dependent, but
operationally independent school district, the Board manages over 46%
of the city's total property tax levy (1998- 1999 fiscal year). While
that figure only represents 17% of the school district's revenue, it
is a significant portion of the taxpayers' investment in the City of
Buffalo. The manner in which those monies are expended reflects
directly onto the perception held by the taxpayers of the management
of the City of Buffalo.

Buffalo is watching its population base flee from the city towards the
outlying suburbs. One of the primary factors in the decision to leave
is the perception of the school system. The chief executive officer of
the city has been essentially powerless to address these concerns. The
mayor and common council have consistently allocated more dollars to
the school district, yet the negative impression of the Buffalo
schools has not faded. In fact, it only tends to grow as word of
fiscal mishaps within the district spreads throughout the community.

In recent years, a judgment estimated to be in the millions of dollars
has been awarded against the Board of Education of the City of
Buffalo.

The district also failed to make timely application to the State for
financial aid in 1998, delaying additional millions of dollars to the
district. These incidents have contributed to an increasing lack of
confidence in the management of the school district. By allowing the
mayor to appoint two members to the Board, a new dynamic can be
created within the Board. The city government will have an active role
in the decision making process. It is believed the additional members
will facilitate communication, increase accountability and provide
proof that there will be dramatic changes in the operation of the
Board.

 LEGISLATIVE HISTORY :

1999:    Referred to Rules
2000:    A.8283 Referred to Education
2001/02: A.5599 Referred to Education
2003/04: A.622  Referred to Education
2005/06: A.2497 Referred to Education
2007-08: S.5724: referred to Education

 FISCAL IMPLICATIONS :

There are no direct costs to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1958 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1958

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- 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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  a  of  section 2552 of the education law, as
amended by chapter 138 of the laws  of  1974,  is  amended  to  read  as
follows:
  a.  City  school  district  of  the  city  of Buffalo:   [nine] ELEVEN
members.
  S 2. Subdivision 1 of section 2553 of the education law, as separately
amended by chapters 211 and 441 of the laws of 1980, is amended to  read
as follows:
  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  quali-
fied  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 OR APPOINTED 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 OR APPOINTMENT and in the
case  of a member elected from a city school subdistrict is not a quali-
fied 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 peri-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07913-01-9

S. 1958                             2

od 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.
  S 3. Paragraph a of subdivision 10 of section 2553  of  the  education
law,  as added by chapter 242 of the laws of 1974, is amended to read as
follows:
  a. The members of the board of education of the city  school  district
of  the  city  of Buffalo shall be elected OR APPOINTED by the qualified
voters of such city as provided herein.
  S 4. Paragraph c of subdivision 10 of section 2553  of  the  education
law,  as added by chapter 242 of the laws of 1974, is amended to read as
follows:
  c. The members of the board of education of the city  school  district
of  the city of Buffalo shall be [elected] CHOSEN as follows: one member
from each of such six city school subdistricts within such city  by  the
qualified voters therein [and] PURSUANT TO AN ELECTION AS PROVIDED HERE-
IN,  three  members  of  such  board of education shall be chosen by the
qualified voters at large within such city PURSUANT TO  AN  ELECTION  AS
PROVIDED  HEREIN,  AND  TWO  MEMBERS OF SUCH BOARD OF EDUCATION SHALL BE
APPOINTED BY THE MAYOR AT LARGE FROM WITHIN THE CITY.
  S 5. Paragraph n of subdivision 10 of section 2553  of  the  education
law,  as added by chapter 242 of the laws of 1974, is amended to read as
follows:
  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 OR APPOINTED 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 AN ELECTED
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 vacan-
cy 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  subdis-
trict  involved.   WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE
OF AN APPOINTED MEMBER OF THE BOARD OF EDUCATION  EXCEPT  BY  REASON  OF
EXPIRATION  OF  TERM, SUCH VACANCY SHALL BE FILLED BY APPOINTMENT BY THE
MAYOR OF THE CITY OF BUFFALO WITHIN THIRTY DAYS OF THE  DATE  WHEN  SUCH
VACANCY SHALL HAVE OCCURRED.

S. 1958                             3

  S  6.  Paragraph  o of subdivision 10 of section 2553 of the education
law, as added by chapter 242 of the laws of 1974, is amended to read  as
follows:
  o. The members so elected OR APPOINTED to the board of education shall
convene  on  the first business day in July 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 regu-
lations of the board.  THE INITIAL TERMS OF OFFICE FOR MEMBERS APPOINTED
AT LARGE BY THE MAYOR SHALL TERMINATE AT THE SAME TIME  AS  THE  MEMBERS
ELECTED  AT  LARGE  AT  THE TIME OF THEIR APPOINTMENT. THEREAFTER, THEIR
TERMS OF OFFICE SHALL COMMENCE WITH THE ELECTED MEMBERS OF THE BOARD  OF
EDUCATION.
  S 7. This act shall take effect immediately.

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