S T A T E O F N E W Y O R K
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6179--A
Cal. No. 1177
2019-2020 Regular Sessions
I N S E N A T E
May 21, 2019
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Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- committee
discharged and said bill committed to the Committee on Rules --
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the education law, in relation to the establishment of
school election wards in the Warwick Valley Central School District
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1804 of the education law is amended by adding a
new subdivision 13 to read as follows:
13. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
BOARD OF EDUCATION OF THE WARWICK VALLEY CENTRAL SCHOOL DISTRICT MAY, BY
RESOLUTION AND SUBJECT TO A MANDATORY REFERENDUM, ESTABLISH SCHOOL
ELECTION WARDS FOR PURPOSES OF ELECTING INDIVIDUAL SCHOOL BOARD MEMBERS.
THERE SHALL BE FIVE, SEVEN OR NINE SCHOOL ELECTION WARDS WITHIN THE
SCHOOL DISTRICT. ONE MEMBER SHALL BE CHOSEN FROM EACH WARD BY THE QUALI-
FIED VOTERS THEREIN. WITHIN SUCH RESOLUTION, THE BOARD OF EDUCATION MAY
REQUIRE THAT A MEMBER ELECTED TO REPRESENT A WARD SHALL BE A RESIDENT OF
SUCH WARD. SUCH RESOLUTION SHALL ALSO PROVIDE FOR THE SIGNATURE REQUIRE-
MENTS FOR NOMINATING PETITIONS CONSISTENT WITH THE APPLICABLE PROVISIONS
OF THIS CHAPTER.
B. (I) A RESOLUTION BY THE BOARD OF EDUCATION, WHICH SHALL BE PASSED
NO LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO A RELATED REFERENDUM BEING
PLACED BEFORE THE QUALIFIED VOTERS OF THE SCHOOL DISTRICT DURING THE
ANNUAL MEETING AND ELECTION, SHALL INCLUDE AN ASSESSMENT AND FINDING,
WHICH SHALL TAKE INTO ACCOUNT ANY HISTORIC DISENFRANCHISEMENT OR
DISCRIMINATION AGAINST ANY GROUP OF INDIVIDUALS WITHIN THE SCHOOL
DISTRICT BASED UPON RACE, GENDER, ETHNICITY, RELIGION, SOCIO-ECONOMIC
STATUS, OR SEXUAL ORIENTATION, INCLUDING THAT NO DISENFRANCHISEMENT OR
DISCRIMINATION WOULD RESULT FROM THE ADOPTION OF THE PROPOSED RESOL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11957-03-9
S. 6179--A 2
UTION. THE BOARD OF EDUCATION SHALL CONDUCT NO FEWER THAN THREE PUBLIC
HEARINGS ON SUCH RESOLUTION.
(II) SUCH PUBLIC HEARINGS SHALL BE CONDUCTED NOT LESS THAN THIRTY NOR
MORE THAN NINETY DAYS PRIOR TO A VOTE ON THE RESOLUTION BY A MAJORITY OF
THE QUALIFIED VOTERS OF THE DISTRICT. THE PUBLIC HEARINGS SHALL BE HELD
AT A SCHOOL DISTRICT BUILDING OR OTHER APPROPRIATE BUILDING, EACH WITHIN
A DIFFERENT PROPOSED SCHOOL ELECTION WARD. IF THERE IS NO SCHOOL
DISTRICT BUILDING OR OTHER APPROPRIATE BUILDING WITHIN THREE SEPARATE
PROPOSED SCHOOL ELECTION WARDS, A MEETING SHALL BE HELD AT THE SCHOOL
BUILDING OR OTHER APPROPRIATE BUILDING CLOSEST IN PROXIMITY TO THE
PROPOSED SCHOOL ELECTION WARD OR WARDS CONTAINING NO SCHOOL DISTRICT
BUILDINGS OR OTHER APPROPRIATE BUILDINGS. THE DISTRICT CLERK SHALL GIVE
NOTICE OF THE PUBLIC HEARING BY PUBLISHING A NOTICE FIVE TIMES WITHIN
FIFTEEN DAYS PRECEDING THE HEARINGS, ON THE DISTRICT'S WEBSITE AND IN
TWO NEWSPAPERS IF THERE SHALL BE TWO, OR IN ONE NEWSPAPER IF THERE SHALL
BE BUT ONE, HAVING GENERAL CIRCULATION WITHIN SUCH DISTRICT. BUT IF NO
NEWSPAPER SHALL THEN HAVE GENERAL CIRCULATION THEREIN, SAID NOTICE SHALL
BE POSTED IN AT LEAST TWENTY OF THE MOST PUBLIC PLACES IN SAID DISTRICT
FIFTEEN DAYS BEFORE THE TIME OF THE FIRST HEARING.
(III) FOLLOWING SUCH PUBLIC HEARINGS, A PROPOSITION FOR APPROVAL OF
SUCH RESOLUTION AND THE BOUNDARIES OF PROPOSED SCHOOL ELECTION WARDS BY
A MAJORITY OF THE QUALIFIED VOTERS OF SUCH DISTRICT SHALL BE SUBMITTED
AT THE NEXT SUCCEEDING ANNUAL MEETING AND ELECTION. THE DISTRICT CLERK
SHALL GIVE NOTICE OF SUCH PROPOSITION BY PUBLISHING NOTICE PRIOR TO THE
ELECTION, IN THE SAME MANNER AND PUBLICATION AS THE PUBLIC HEARING, SET
FORTH IN THIS SECTION, SPECIFYING THE TIME WHEN AND PLACE OR PLACES
WHERE SUCH ELECTION WILL BE HELD, THE HOURS DURING WHICH THE POLLS WILL
REMAIN OPEN FOR THE PURPOSE OF RECEIVING BALLOTS, AND SETTING FORTH IN
FULL THE LANGUAGE OF THE PROPOSITION TO BE APPROVED AT SUCH ELECTION. IN
ANY EVENT, THERE SHALL BE AT LEAST ONE POLLING LOCATION FOR EVERY
FIFTEEN THOUSAND ELIGIBLE VOTERS IN THE DISTRICT, AND THE HOURS OF THE
ELECTION SHALL COMMENCE NO LATER THAN SIX O'CLOCK IN THE MORNING AND
SHALL END NO EARLIER THAN NINE O'CLOCK IN THE EVENING.
(IV) AT LEAST FIFTEEN DAYS PRIOR TO CONDUCTING PUBLIC HEARINGS, THE
BOARD OF EDUCATION SHALL DEFINE AND PUBLISH, BY RESOLUTION, BOUNDARIES
OF EACH OF THE SCHOOL ELECTION WARDS. SHOULD SUCH MAP BE ALTERED AS A
RESULT OF THE PUBLIC HEARINGS, THE AMENDED MAP SHALL BE PUBLISHED PURSU-
ANT TO THIS PARAGRAPH NO LATER THAN FIFTEEN DAYS BEFORE THE ELECTION.
SUCH WARDS SHALL BE CONTIGUOUS AND EACH WARD SHALL CONTAIN AS NEARLY AS
POSSIBLE THE SAME NUMBER OF INHABITANTS. EACH WARD SHALL ALSO CONFORM AS
CLOSELY AS POSSIBLE WITH THE ATTENDANCE ZONE OF THE SCHOOL DISTRICT,
CONFORM AS CLOSELY AS POSSIBLE WITH GEOGRAPHIC AND OTHER PHYSICAL BOUND-
ARIES, AND RETAIN CONTIGUOUS COMMUNITIES OF INTEREST.
(V) A MAP OF EACH WARD AND THE BOUNDARIES THEREOF SHALL BE CREATED
WITH THE ORIGINAL FILED WITH THE DISTRICT CLERK WITHIN TEN DAYS OF THE
RESOLUTION AND COPIES THEREOF FILED IN THE BOARD OF ELECTIONS OF THE
COUNTY. UPON EACH ISSUANCE OF A FEDERAL DECENNIAL CENSUS, THE BOARD OF
EDUCATION SHALL EITHER: (1) MAKE A WRITTEN FINDING THAT, UPON EXAMINA-
TION OF THE DECENNIAL CENSUS, THE CURRENT SCHOOL ELECTION WARDS CONTAIN
NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS AND THAT NO DISCRIMI-
NATION OR DISENFRANCHISEMENT WOULD RESULT IF THE WARDS REMAINED AS
ESTABLISHED; OR (2) THE SCHOOL ELECTION WARDS SHALL BE REDEFINED BY
RESOLUTION OF THE BOARD OF EDUCATION, AFTER A PUBLIC HEARING THEREON,
AND APPROVAL BY THE QUALIFIED VOTERS OF THE SCHOOL DISTRICT. IF THE
QUALIFIED VOTERS OF THE SCHOOL DISTRICT SHALL NOT APPROVE OF THE RESOL-
UTION, THE BOARD OF EDUCATION SHALL SUBMIT A SECOND RESOLUTION FOR
S. 6179--A 3
APPROVAL BY THE QUALIFIED VOTERS OF THE SCHOOL DISTRICT, AFTER A PUBLIC
HEARING THEREON, WITHIN NINETY DAYS. IF THE QUALIFIED VOTERS OF THE
SCHOOL DISTRICT SHALL NOT APPROVE OF SUCH RESOLUTION FOR A SECOND TIME,
THE BOARD OF EDUCATION SHALL CONTINUE THE MEMBERSHIP AND TERMS OF THE
CURRENT BOARD UNTIL THE NEXT ANNUAL MEETING AND ELECTION AT WHICH TIME
THE TERMS OF ALL CURRENT MEMBERS SHALL TERMINATE. AT THE NEXT ANNUAL
MEETING AND ELECTION, MEMBERS SHALL BE ELECTED BY A VOTE OF THE QUALI-
FIED VOTERS OF THE SCHOOL DISTRICT PURSUANT TO ARTICLE FORTY-THREE OF
THIS CHAPTER.
(VI) AFTER A SCHOOL ELECTION WARD SYSTEM SHALL HAVE BEEN ESTABLISHED,
THE TERM OF EVERY EXISTING MEMBER SHALL TERMINATE ON THE THIRTIETH DAY
OF JUNE NEXT SUCCEEDING THE FIRST ANNUAL MEETING AND ELECTION FOLLOWING
VOTER APPROVAL OF THE REFERENDUM, AT WHICH TIME THE TERMS FOR EACH
ELECTED SCHOOL WARD MEMBER SHALL COMMENCE.
C. THE TERM OF OFFICE OF EACH SCHOOL BOARD MEMBER FROM A SCHOOL
ELECTION WARD SHALL BE THREE, FOUR, OR FIVE YEARS, TO BE DETERMINED AT
THE DISCRETION OF THE BOARD OF EDUCATION BY RESOLUTION PRIOR TO THE
REFERENDUM; PROVIDED HOWEVER THAT THE RESOLUTION SHALL ALSO DESIGNATE
THAT IN THE FIRST ANNUAL MEETING AND ELECTION AFTER THE ADOPTION OF A
SCHOOL ELECTION WARD SYSTEM, THE INITIAL TERMS SHALL BE DIVIDED INTO
TERMS OF THREE, FOUR, OR FIVE YEARS SO THAT AS NEARLY AS POSSIBLE AN
EQUAL NUMBER OF TRUSTEES SHALL BE ELECTED EACH YEAR. IN EACH ELECTION
CYCLE THEREAFTER, THE TERMS OF OFFICE SHALL BE UNIFORM. IN EACH ELECTION
WARD, THE CANDIDATE RECEIVING A PLURALITY OF VOTES IN EACH ELECTION WARD
SHALL BE DECLARED ELECTED TO THAT POSITION.
D. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE OF A MEMBER
OF THE BOARD OF EDUCATION, SUCH VACANCY SHALL BE FILLED PURSUANT TO THIS
ARTICLE AND PART ONE OF ARTICLE FORTY-THREE OF THIS CHAPTER.
E. EXCEPT AS PROVIDED IN THIS SUBDIVISION, ALL PROVISIONS OF THIS
ARTICLE, ARTICLE FORTY-ONE, AND ARTICLE FORTY-THREE OF THIS CHAPTER OR
OF ANY OTHER GENERAL LAW RELATING TO OR AFFECTING THE ELECTION OF SCHOOL
BOARD MEMBERS IN THE WARWICK VALLEY CENTRAL SCHOOL DISTRICT SHALL APPLY
TO SCHOOL ELECTION WARDS ORGANIZED PURSUANT TO THIS SUBDIVISION AND TO
THE ELECTION OF MEMBERS BY THE QUALIFIED VOTERS OF A SCHOOL DISTRICT AS
ESTABLISHED PURSUANT TO PARAGRAPH F AND SUBPARAGRAPH (IV) OF PARAGRAPH B
OF THIS SUBDIVISION.
F. THE BOARD OF EDUCATION OF THE WARWICK VALLEY CENTRAL SCHOOL
DISTRICT WHICH HAS ESTABLISHED SCHOOL ELECTION WARDS PURSUANT TO THIS
SUBDIVISION MAY, BY RESOLUTION AND SUBJECT TO A MANDATORY REFERENDUM,
ABOLISH THE SCHOOL ELECTION WARD SYSTEM AND RETURN TO ELECTION OF TRUS-
TEES BY A VOTE OF THE QUALIFIED VOTERS OF THE SCHOOL DISTRICT. ADOPTION,
ASSESSMENT, PUBLIC HEARING AND NOTICE, AND VOTING REQUIREMENTS OF SUCH
RESOLUTION AND REFERENDUM SHALL COMPLY WITH THE PROVISIONS OF SUBPARA-
GRAPHS (I), (II), AND (III) OF PARAGRAPH B OF THIS SUBDIVISION.
G. FOR THE PURPOSE OF THIS SUBDIVISION, "CONTIGUOUS COMMUNITY OF
INTEREST" MEANS A CONTIGUOUS POPULATION WHICH SHARES COMMON SOCIAL AND
ECONOMIC INTERESTS THAT SHOULD BE INCLUDED WITHIN A SINGLE DISTRICT FOR
PURPOSES OF ITS EFFECTIVE AND FAIR REPRESENTATION.
§ 2. This act shall take effect immediately.
