§ 2565. Superintendent of schools, associate superintendents, board of
superintendents. 1. The superintendent or an associate superintendent
of schools of a city in office on June eighth, nineteen hundred
seventeen, shall hold his position for the term for which he was chosen
and until his successor is chosen. A superintendent or associate
superintendent appointed after such date shall hold his position in a
city having a population of two hundred fifty thousand or more for a
period not to exceed four years from the date of his appointment and in
all cities subject to the pleasure of the board of education, except
that in all other cities the superintendent of schools may be appointed
for a term of not to exceed five years, provided that the terms or
provisions of any employment contract between the superintendent and the
board of education relating to an increase in salary, compensation or
other benefits, shall not be based on or tied to the terms of any
contract or collective bargaining agreement that the board of education
has or will enter with the teachers or other employees of the school
district.

2. A superintendent or an associate superintendent may vacate his
position by filing a written resignation with the board of education.
No person shall be eligible to the position of superintendent of
schools, deputy superintendent of schools, associate superintendent of
schools, assistant superintendent of schools or other superintendent of
schools or member of a board of examiners in a city unless he shall
possess or be entitled to a superintendent's certificate as provided in
section three thousand three of this chapter.

3. Notwithstanding the provisions of subdivisions one and two of this
section, the superintendent of schools of the Rochester city school
district shall serve at the pleasure of the board of education;
provided, however, that such term shall, in no event, exceed a period of
four years.