Provides that a school district office becomes vacant upon conviction by the office holder of a felony or crime involving violation of oath of office; provides that the term "local officer" includes school officer.
BILL NUMBER: S4298
TITLE OF BILL : An act to amend the public officers law and the education law, in relation to removal of school district officers who have been convicted of a felony or crime involving violation of oath of office
PURPOSE OR GENERAL IDEA OF BILL : This legislation would provide clarification that every school officer is a public officer of the state.
SUMMARY OF SPECIFIC PROVISIONS : This legislation amends the Public Officers Law and the Education Law to clarify that school officers are public officers and are governed by the Public Officers Law.
JUSTIFICATION : It is well established in case law and administrative opinions that school board members and other school officers are public officers subject to the Public Officers Law. SEE E.G., WONG V. NEW YORK STATE BOARD OF ELECTIONS , 82 Misc. 2d 521, 522 (SupCt, New York County 1975); 1971 Op. Atty Gen (Inf) 7; 1999 Op. Atty Gen (Inf) 3.) However, current state statute does not clearly indicate this designation. This bill simply amends pertinent sections of Public Officers and Education Laws to reflect current law and practice.
LEGISLATIVE HISTORY : 2006: S.7257-A - Passed Senate 2007-08: S.1321 - Passed Senate
FISCAL IMPLICATIONS : None as it is a clarification of current law.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4298 2009-2010 Regular Sessions IN SENATE April 21, 2009 ___________Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the public officers law and the education law, in relation to removal of school district officers who have been convicted of a felony or crime involving violation of oath of office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of the public officers law is amended to read as follows: S 2. Definitions. The term "state officer" includes every officer for whom all the electors of the state are entitled to vote, members of the legislature, justices of the supreme court, regents of the university, and every officer, appointed by one or more state officers, or by the legislature, and authorized to exercise his official functions through- out the entire state, or without limitation to any political subdivision of the state, except United States senators, members of congress, and electors for president and vice-president of the United States. The term "local officer" includes every other officer who is elected by the elec- tors of a portion only of the state, every officer of a political subdi- vision or municipal corporation of the state, EVERY SCHOOL OFFICER, and every officer limited in the execution of his official functions to a portion only of the state. The office of a state officer is a state office. The office of a local officer is a local office. S 2. Subdivision 1 of section 2112 of the education law is amended to read as follows: 1. A. A school district office becomes vacant by death, resignation, refusal to serve, incapacity, or removal from the district or from office. B. IN ACCORDANCE WITH PARAGRAPH E OF SUBDIVISION ONE OF SECTION THIRTY OF THE PUBLIC OFFICERS LAW, A SCHOOL DISTRICT OFFICE BECOMES VACANT UPON CONVICTION OF A FELONY, OR CRIME INVOLVING A VIOLATION OF HIS OR HER OATH OF OFFICE. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09110-01-9