Provides for the election of members of the board of education of the Buffalo city school district in November rather than in May; creates a timetable for the electoral proceedings therefor; extends the terms of current members of such board to the last day of December rather than June; provides for future terms to run from January through December; and staggers terms.
Ayes (37): Addabbo, Ball, Bonacic, Boyle, Carlucci, DeFrancisco, Farley, Felder, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Robach, Sampson, Savino, Seward, Skelos, Smith, Valesky, Young, Zeldin
Nays (24): Adams, Avella, Breslin, Dilan, Espaillat, Gianaris, Gipson, Hassell-Thomps, Hoylman, Kennedy, Krueger, Latimer, Montgomery, O'Brien, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousin, Tkaczyk
Excused (2): Diaz, Ritchie
BILL NUMBER:S868 REVISED 1/7/13
TITLE OF BILL: An act to amend the education law, in relation to providing for the election of members of the board of education of the Buffalo city school district in November
PURPOSE OR GENERAL IDEA OF BILL: Provides for the election of members of the board of Education of the Buffalo city school district in November rather than May.
SUMMARY OF SPECIFIC PROVISIONS: Subparagraph 3 of paragraph d of Section 2553 of the education law is amended to provide for school board elections to be held in November, 2013, if the petition is filed with the Erie County Board of Elections or is postmarked on/before October 4, 2013. Furthermore, deadlines are imposed as to the filing of written objections to such petitions.
Subparagraph 3 of paragraph n of subdivision 2553 is amended to provide for a term of office of two years for each member of such board from a city school district elected in November, 2013, and four years for each member elected at large until the expiration of such terms.
Subparagraph 3 of paragraphs o and p of subdivision 2553 is amended to require board of education members to convene in January of each year to elect from their members a president, who shall serve a term of one year. The election of these members will take place on November 8, 2013, and subsequently on the first Tuesday after the first Monday in November.
Section 2, which would take effect immediately, is amended to apply only to those board members whose terms would expire on June 30, 2013.
JUSTIFICATION: This bill would move the Buffalo School Board elections from May to November in order to increase voter participation and lessen the costs associated with the election process. Past years elections have seen voter turnout as low as five percent of eligible voters, all at a cost of nearly $100,000 to the fiscally challenged city coffers. Currently, the cities of Rochester and Syracuse hold their school board elections in November.
PRIOR LEGISLATIVE HISTORY: Passed Senate in 2011 and 2012
FISCAL IMPLICATIONS: Beneficial to City of Buffalo with estimated savings of $100,000.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 868 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GRISANTI -- 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 providing for the election of members of the board of education of the Buffalo city school district in November THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 3 of paragraph d and paragraphs n, o and p of subdivision 10 of section 2553 of the education law, subparagraph 3 of paragraph d and paragraphs n and o as added by chapter 242 of the laws of 1974 and paragraph p as amended by chapter 95 of the laws of 1979, are amended to read as follows: (3) For the election held in
[May, nineteen hundred seventy-four]NOVEMBER, TWO THOUSAND THIRTEEN, such petition shall be deemed to be timely filed for such election if filed with the clerk of the board of elections of Erie county on or before [April ninth, nineteen hundred seventy-four]OCTOBER FOURTH, TWO THOUSAND THIRTEEN. A petition sent by mail in an envelope postmarked prior to midnight on [April ninth, nine- teen hundred seventy-four]OCTOBER FOURTH, TWO THOUSAND THIRTEEN, shall be deemed to be timely filed when received. Written objection to such petition shall be filed within [two]THREE days after the [date this act shall have become a law]LAST DAY TO FILE THE PETITION and specifica- tions of the grounds of the objections shall be filed with the board within [one day]SIX DAYS after the filing of the objection and institu- tion of court proceedings relating thereto shall be commenced not later than [May second, nineteen hundred seventy-four]FOURTEEN DAYS AFTER THE LAST DAY TO FILE THE PETITION OR WITHIN THREE BUSINESS DAYS AFTER THE BOARD OF ELECTIONS MAKES A DETERMINATION OF INVALIDITY WITH RESPECT TO SUCH PETITION, WHICHEVER IS LATER. n. [The]FOR MEMBERS ELECTED IN NOVEMBER, TWO THOUSAND THIRTEEN THE TERM OF OFFICE FOR EACH MEMBER OF SUCH BOARD FROM A CITY SCHOOL SUBDIS- TRICT SHALL BE TWO YEARS, AND FOR EACH MEMBER ELECTED AT LARGE SHALL BE FOUR YEARS AND UPON THE EXPIRATION OF SUCH TERMS, THE term of office ofEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04102-01-3 S. 868 2
each member of such board from a city school subdistrict shall be three years, and the term of office of each such member of the board elected at large shall be for five years. Of the candidates to be elected for membership on the board of education of the city school district of the city of Buffalo by the voters at large the three candidates receiving the largest number of votes cast in the city, shall be declared elected as at-large members of such board of education. In each city school subdistrict the candidates seeking the election as the member of such board of education for such city school subdistrict receiving a plurali- ty of votes in such city school subdistrict shall be declared elected to that position. Whenever a vacancy shall occur or exist in the office of member of the board of education except by reason of expiration of term or increase in the number of members of such board, such vacancy shall be filled by a majority vote of the remaining members of the board of education within thirty days of the date when such vacancy shall have occurred. If the remaining members of the board of education shall fail to fill such vacancy within such thirty day period, then the mayor of the city of Buffalo shall within thirty days thereafter fill such vacancy subject to the confirmation of such appointment by the common council of the city of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict member of the board of education unless he fulfills all of the quali- fications in this subdivision to enable him to be a candidate for the office of a member of the board of education from the subdistrict involved. o. The members so elected to the board of education shall convene on the first business day in
[July]JANUARY of each year, at the time of the commencement of their term of office and select from their members a president who shall serve for a term of one year or such other term, not exceeding the term of his office, as may be fixed by the rules and regu- lations of the board. p. The election of members of the board of education of the school district of the city of Buffalo shall take place on [May seventh, nine- teen hundred seventy-four]NOVEMBER EIGHTH, TWO THOUSAND THIRTEEN and on the first Tuesday AFTER THE FIRST MONDAY in [May]NOVEMBER thereafter in each year in which an incumbent's term expires. Such election shall be conducted by the board of elections of the county of Erie in the same manner as other elections are conducted by it. Polls shall be open for voting for the hours prescribed by section 8-100 of the election law for primary elections. The results of such elections, after canvassing, shall be certified and reported by the board of elections to the board of education of such city. The clerk or other appropriate officer of the board of education shall within twenty-four hours after receipt of such certification by the board of elections serve a written notice either personally or by mail upon each person declared to be elected as a member of the board of education informing him of his election and the length of his term. S 2. Notwithstanding any inconsistent provision of law, the term of every member of the board of education of the city school district of Buffalo, which term is scheduled to expire on June 30, 2013, is hereby extended from June thirtieth of the year in which it is scheduled to expire to December thirty-first of such year. Terms of such members elected after this act becomes law shall begin on the first day of Janu- ary and end on the last day of December of the appropriate year. S 3. This act shall take effect immediately.