Relates to vacancies on boards of cooperative educational services.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): O'Mara, Parker
TITLE OF BILL: An act to amend the education law, in relation to vacancies on boards of cooperative educational services
PURPOSE: This bill relates to vacancies on boards of cooperative educational services, by allowing boards to fill all vacancies through appointment.
SUMMARY OF PROVISIONS:
Section 1 of this bill provides that in the event of a vacancy on a board of cooperative educational services, the board may appoint someone to fill the vacancy. This person will hold office until the next annual board of cooperative educational services election.
Section 2 provides the effective date.
JUSTIFICATION: The current process for filling a vacancy on a board of cooperative educational services (BOCES) is cumbersome and inefficient. Current law requires differing procedures, which are dependent on the date the vacancy occurred.
Prior to January 1st, a board must fill the vacancy through special election, in addition to complying with regulations set forth by such law. These regulations include requirements such as: the special election be held not more than 45 days after the vacancy is known; a call for nominations must be sent to component districts and returned to the BOCES clerk at 30 days prior to the date of the election; and completed ballots shall be returned to the clerk no later than 14 days before the date established for the special election.
After January 1st, a board is able to fill a vacancy through appointment, where the appointed individual holds office until the next annual election.
This legislation seeks to streamline the process by allowing a BOCES board to fill a vacancy through appointment, regardless of the date the vacancy occurred. This will relieve BOCES of the burdensome process it must currently deal with. Additionally, removing the requirement of holding a special election will be more cost effective.
LEGISLATIVE HISTORY: 2012: S.6912/A.9908 Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2687 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. YOUNG -- 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 vacancies on boards of cooperative educational services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph f of subdivision 2-a of section 1950 of the education law, as amended by chapter 602 of the laws of 1994, is amended to read as follows: f.
[In the event of a vacancy in the membership of a board of cooper- ative educational services which occurs prior to January first in any school year or during the period commencing five days prior to the date designated for submission of nominations of candidates to the board of cooperative educational services and ending on the last day of the school year, a special election to fill such vacancy shall be conducted in accordance with the provisions of paragraphs b, c and d of this subdivision on a date designated by the president of the board of coop- erative educational services not late than forty-five days after the date the vacancy occurred.]In the event of a vacancy in the membership of a board of cooperative educational services [which occurs on or after January first and prior to the fifth day preceding the date designated for submission of nominations of candidates the board of cooperative educational services], SUCH BOARD may fill such vacancy by appointment and the person so appointed shall hold office until the next annual election of the board of cooperative educational services. [Notwith- standing any other provision of this subdivision, any vacancy which occurs on or after July first, nineteen hundred ninety-three and prior to January first, nineteen hundred ninety-four shall be filled by a special election in accordance with paragraphs b, c and d of this subdi- vision.]S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07131-01-3