S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7042
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred 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.
   § 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.
              

                                                            LBD10834-01-9

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 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.
   § 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.
   § 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,  ONE  MEMBER  OF  SUCH  BOARD  OF  EDUCATION  SHALL BE
 APPOINTED BY THE MAYOR AT LARGE FROM WITHIN THE CITY AND ONE  MEMBER  OF
 SUCH BOARD SHALL BE APPOINTED BY THE COMMON COUNCIL AT LARGE FROM WITHIN
 THE CITY.
   §  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

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 MAYOR  OF  THE  CITY OF BUFFALO WITHIN THIRTY DAYS OF THE DATE WHEN SUCH
 VACANCY SHALL HAVE OCCURRED.
   §  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.
   § 7. This act shall take effect immediately.