Bill Text: NY A10058 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to reform of the board of education of the city school district of the city of New York; provides board members to perform duties in good faith and to execute an acknowledgement of responsibilities; provides for a two year term of office of board members of the city school district of the city of New York.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2012-05-21 - print number 10058a [A10058 Detail]
Download: New_York-2011-A10058-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10058--A
I N A S S E M B L Y
May 2, 2012
___________
Introduced by M. of A. BRENNAN, ROBINSON, COLTON, CRESPO, COOK,
P. RIVERA, WEPRIN, MILLMAN -- Multi-Sponsored by -- M. of A. ABBATE,
GOTTFRIED, JACOBS, MARKEY -- read once and referred to the Committee
on Education -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to reforming the board of
education of the city school district of the city of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 1 of section 2590-b of the
2 education law, as amended by chapter 345 of the laws of 2009, is amended
3 and a new paragraph (a-1) is added to read as follows:
4 (a) The board of education of the city school district of the city of
5 New York is hereby continued. Such board of education shall consist of
6 thirteen appointed members: one member to be appointed by each borough
7 president of the city of New York; and eight members to be appointed by
8 the mayor of the city of New York. The chancellor shall serve as an
9 ex-officio non-voting member of the city board. The city board shall
10 elect its own chairperson from among its voting members. [All thirteen
11 appointed members shall serve at the pleasure of the appointing authori-
12 ty and] THE TERM OF OFFICE OF EACH MEMBER SHALL BE TWO YEARS, COMMENCING
13 THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TWELVE AND EVERY TWO YEARS
14 THEREAFTER. NO MEMBER shall [not] be employed in any capacity by the
15 city of New York, or a subdivision thereof, or the city board. No
16 appointed member of the city board shall also be a member, officer, or
17 employee of any public corporation, authority, or commission where the
18 mayor of the city of New York has a majority of the appointments. Each
19 borough president's appointee shall be a resident of the borough for
20 which the borough president appointing him or her was elected and shall
21 be the parent of a child attending a public school within the city
22 school district of the city of New York. Each mayoral appointee shall
23 be a resident of the city and two shall be parents of a child attending
24 a public school within the city district. All parent members shall be
25 eligible to continue to serve on the city board for two years following
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15263-02-2
A. 10058--A 2
1 the conclusion of their child's attendance at a public school within the
2 city district. Any vacancy shall be filled FOR THE UNEXPIRED TERM by
3 appointment by the appropriate appointing authority within ninety days
4 of such vacancy. Notwithstanding any provision of local law, the members
5 of the board shall not have staff, offices, or vehicles assigned to them
6 or receive compensation for their services, but shall be reimbursed for
7 the actual and necessary expenses incurred by them in the performance of
8 their duties. BOARD MEMBERS SHALL PERFORM EACH OF THEIR DUTIES AS BOARD
9 MEMBERS, INCLUDING BUT NOT LIMITED TO THOSE IMPOSED BY THIS SECTION, IN
10 GOOD FAITH AND WITH THAT DEGREE OF DILIGENCE, CARE AND SKILL WHICH AN
11 ORDINARILY PRUDENT PERSON IN LIKE POSITION WOULD USE UNDER SIMILAR
12 CIRCUMSTANCES, AND MAY TAKE INTO CONSIDERATION THE VIEWS AND POLICIES OF
13 ANY ELECTED OFFICIAL OR BODY, OR ANY OTHER PERSON, AND ULTIMATELY APPLY
14 INDEPENDENT JUDGMENT IN THE BEST INTEREST OF THE SCHOOL DISTRICT, AND
15 ITS MISSION. AT THE TIME THAT EACH MEMBER TAKES AND SUBSCRIBES HIS OR
16 HER OATH OF OFFICE, OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF A
17 CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE WHICH AMENDED THIS PARAGRAPH
18 IF THE MEMBER HAS ALREADY TAKEN AND SUBSCRIBED HIS OR HER OATH OF
19 OFFICE, SUCH MEMBER SHALL EXECUTE AN ACKNOWLEDGMENT IN THE FORM DEVEL-
20 OPED BY THE AUTHORITIES BUDGET OFFICE PURSUANT TO PARAGRAPH (I) OF
21 SUBDIVISION ONE OF SECTION SIX OF THE PUBLIC AUTHORITIES LAW, IN WHICH
22 THE BOARD MEMBER ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS HIS OR HER
23 ROLE, AND FIDUCIARY RESPONSIBILITIES AS SET FORTH IN THIS SUBDIVISION,
24 AND ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS HIS OR HER DUTY OF LOYALTY
25 AND CARE TO THE SCHOOL DISTRICT AND COMMITMENT TO THE SCHOOL DISTRICT'S
26 MISSION.
27 (A-1) THE MEMBERS TO BE APPOINTED BY THE BOROUGH PRESIDENTS SHALL BE
28 APPOINTED NOT LATER THAN JULY FIRST, TWO THOUSAND TWELVE AND THEIR
29 SUCCESSORS THEREAFTER. THE MEMBERS TO BE APPOINTED BY THE MAYOR OF THE
30 CITY OF NEW YORK SHALL BE APPOINTED NOT LATER THAN AUGUST FIRST, TWO
31 THOUSAND TWELVE AND THEIR SUCCESSORS THEREAFTER.
32 S 2. This act shall take effect immediately; provided however, that
33 the amendments to subdivision 1 of section 2590-b of the education law
34 made by section two of this act shall not affect the expiration and
35 repeal of such subdivision and shall expire and be deemed repealed ther-
36 ewith.
