S T A T E   O F   N E W   Y O R K
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                                   5336
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Education
 
 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-
 UTION.  THE  BOARD OF EDUCATION SHALL CONDUCT NO FEWER THAN THREE PUBLIC
 HEARINGS ON SUCH RESOLUTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05913-01-1
              

 A. 5336                             2
 
   (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
 APPROVAL BY THE QUALIFIED VOTERS OF THE SCHOOL DISTRICT, AFTER A  PUBLIC
 HEARING  THEREON,  WITHIN  NINETY  DAYS.  IF THE QUALIFIED VOTERS OF THE

 A. 5336                             3
 
 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.