2590-C - Composition of community district education councils.
* § 2590-c. Composition of community district education councils. 1. Each community district shall be governed by a community district education council. The community councils shall consist of eleven voting members and one non-voting member, as follows: (a) Nine voting members shall be parents whose children are attending a school under the jurisdiction of the community district, or have attended a school under the jurisdiction of the community district within the preceding two years, and shall be selected by the presidents and officers of the parents' association or parent-teachers' association. Such members shall serve for a term of two years. Presidents and officers of parents' associations or parent-teachers' associations who are candidates in the selection process pursuant to this section shall not be eligible to cast votes in such selection process. The association shall elect a member to vote in the place of each such president or officer for the purposes of the selection process. (b) Two voting members shall be appointed by the borough presidents corresponding to such district. Such appointees shall be residents of, or own or operate a business in, the district and shall be individuals with extensive business, trade, or education experience and knowledge, who will make a significant contribution to improving education in the district. Such members shall serve for a term of two years and may only be reappointed for one additional two year term. (c) One non-voting member who is a high school senior residing in the district, appointed by the superintendent from among the elected student leadership. Such member shall serve for a one year term. Members shall not be paid a salary or stipend, but shall be reimbursed for all actual and necessary expenses directly related to the duties and responsibilities of the community council. 2. For the initial community council, such members must be selected on or before October thirty-first, two thousand three, with terms commencing on December first, two thousand three. Thereafter, commencing in May of two thousand five, the selection of community council members shall occur on the second Tuesday in May, with terms commencing on the following July first. 3. Each such council shall select one of its voting members to serve as chair. 4. Notwithstanding any provisions of law to the contrary, the community district education council may appoint a secretary, pursuant to the policies of the city board, who shall perform the following functions: (a) prepare meeting notices, agendas and minutes; (b) record and maintain accounts of proceedings and other council meetings; and (c) prepare briefing materials and other related informational materials for such meetings. Each council shall be responsible for the appointment, supervision, evaluation and discharge of the secretary. 5. No person may serve on more than one community council or on the city-wide council on special education, the city-wide council on English language learners, or the city-wide council on high schools and a community council. A member of a community council shall be ineligible to be employed by the community council of which he or she is a member, any other community council, the city-wide council on special education, the city-wide council on English language learners, the city-wide council on high schools, or the city board. No person shall be eligible for membership on a community council if he or she holds any elective public office or any elective or appointed party position except that of delegate or alternate delegate to a national, state, judicial or other party convention, or member of a county committee.A person who has been convicted of a felony, or has been removed from a community school board, community district education council, or the city-wide council on special education, the city-wide council on English language learners, or the city-wide council on high schools for any of the following shall be permanently ineligible for appointment to any community district education council: (a) an act of malfeasance directly related to his or her service on the city-wide council on special education, the city-wide council on English language learners, the city-wide council on high schools, community school board or community district education council; or (b) conviction of a crime, if such crime is directly related to his or her service upon the city-wide council on special education, the city-wide council on English language learners, the city-wide council on high schools, community school board or community district education council. Any decision rendered by the chancellor or the city board with respect to the eligibility or qualifications of the nominees for community district education councils must be written and made available for public inspection within seven days of its issuance at the office of the chancellor and the city board. Such written decision shall include the factual and legal basis for its issuance and a record of the vote of each board member who participated in the decision, if applicable. 6. (a) In addition to the conditions enumerated in the public officers law creating a vacancy, a member of a community district education council who refuses or neglects to attend three meetings of such council of which he or she is duly notified, without rendering in writing a good and valid excuse therefore vacates his or her office by refusal to serve. Each absence and any written excuse rendered shall be included within the official written minutes of such meeting. After the third unexcused absence the community council shall declare a vacancy to the chancellor. (b) (1) Vacancies in positions that were not appointed by a borough president shall be filled for an unexpired term by the community district education council after consultation with the presidents' council or other consultative body representing parents' associations and other educational groups within the district. Recommendations made by such parents and other educational groups shall be submitted in writing and included within the record of the meeting at which the vacancy is filled. (2) If such vacancy results in the council not having at least one member who is a parent of a student who is an English language learner, or results in the council not having at least one member who is a parent of a student with an individualized education program, the community council shall select a parent having such qualifications to fill the vacancy. (c) If the vacancy is not filled by the community council within sixty days after it is declared due to a tie vote for such appointment, the chancellor shall vote with the community council, to break such tie vote. If the community council has failed to fill the vacancy within sixty days after it is declared because of any other reason, the chancellor shall order the community council to do so pursuant to section twenty-five hundred ninety-1 of this article. (d) Where a vacancy occurs in a position appointed by a borough president, the borough president shall appoint a member to serve the remainder of the unexpired term. 7. (a) Each community council shall prepare and submit to the city board a performance report every month. The information provided shall include community council members' attendance records; participation in community council committees and other community council activities;visits to schools; and voting records on major issues before the community council. (b) The city board shall review and consolidate the performance reports into one comprehensive city district-wide report, which shall be disseminated to the community and the media semiannually. 8. The chancellor shall: (a) develop a process to ensure a uniform election process for parent associations and parent-teacher associations. Such process shall ensure uniformity with respect to timing of elections and the structure and size of the body. (b) develop a process for nomination of candidates for community council membership. Such process will outline in detail the procedure which must be followed to present a name for consideration, may include qualifications and prohibitions in addition to those outlined in this section and may allow for an interview process for nominees. (c) develop selection procedures for community council members which shall attempt to ensure membership that reflects a representative cross-section of the communities within the school district and diversity of the student population including those with particular educational needs, shall include consideration of the enrollment figures within each community district and the potential disparity of such enrollment from school to school within the district, and shall ensure that, to the extent possible, a school may have no more than one parent representative on the community council. Such procedures shall ensure that at least one position on the community council is filled by a parent of a student who is an English language learner, and at least one position is filled by a parent of a student with an individualized education program, and shall allow for the seven remaining positions to be filled by parents who are otherwise eligible. (d) promulgate rules and regulations requiring financial disclosure by the nominees and policies prohibiting political endorsements of and campaign contributions to nominees. (e) beginning in January of each school year and continuing until the date of selection, ensure the distribution of guides to parents in addition to information regarding community council roles, functions, and activities, including upcoming parents' association and parent-teacher association elections, candidate information, and the nature of the selection process. Prior to the adoption of the processes, procedures, rules or regulations set forth in this subdivision, the chancellor shall ensure that there is an inclusive public process which allows for sufficient public input from parents and the community including public hearings. All such processes, procedures, rules or regulations must be final in sufficient time to assure for an orderly implementation and notification of such processes, procedures, rules or regulations to allow for full community participation in the nomination and selection processes and procedures. * NB Repealed June 30, 2015 * § 2590-c. Composition of community boards. 1. Each community district shall be governed by a community board to consist of nine members to be elected for a term of three years and to serve without compensation. Each such board shall select one of its members to serve as chairman. Notwithstanding any provisions of law to the contrary, the community board may appoint a board secretary, pursuant to the policies of the city board, who shall perform the following functions: (a) prepare meeting notices, agendas and minutes; and (b) record and maintain accounts of proceedings and other board meetings. Each board shall beresponsible for the appointment, supervision, evaluation and discharge of the board secretary. 2. Such members shall be elected at an election conducted by the board of elections in the city of New York to be held on the first Tuesday in May commencing with the year two thousand three and every third year thereafter for a term commencing on the first day of July next following. 3. Every registered voter residing in a community district and every registered parent of a child attending any school under the jurisdiction of the community board of such district who is a citizen of the state, a resident of the city of New York for at least thirty days and at least eighteen years of age shall be eligible to vote at such election for the members of such community board, except that no person may vote more than once or in more than one community district, and no person shall have the right to register or vote at any community board election who would not be qualified to register or vote at any election in accordance with the provisions of section 5-106 of the election law. (a) The board of elections of the city of New York shall provide for the personal and mail registration, and cancellation of registration, of persons qualified by this subdivision to vote as "parents," in a manner determined jointly by the board of elections and the city board. Each parent shall be offered the opportunity to register as a parent voter at the time such parent registers his child with the school and at such other times as the board of elections deems necessary to achieve the registration of the maximum number of parents possible. The registration process shall provide a procedure for determining when such parents shall cease to be eligible to vote as parent voters because their child no longer attends a school under the jurisdiction of the community board. (b) In January next preceding each community board election, the city board shall provide written notice to every parent of a child attending school under the jurisdiction of every community board of such parent's right to vote in the community board election, the method and time by which a parent may register to vote, and a form by which such parent may register by mail. (c) The board of elections shall certify qualified registrations pursuant to the certification procedures agreed to by the board of elections and the city board. The board of elections shall certify all qualified registrations and transmit notice of such certification to the city board promptly. 4. (a) Every registered voter residing in a community district and every parent of a child attending any school under the jurisdiction of the community board of such district who is a citizen of the state, a resident of the city of New York for at least ninety days prior to the date of the election, and at least eighteen years of age shall be eligible for membership on such community board, provided that such person not be disqualified from registering for or voting at an election under the provisions of section 5-106 of the election law or ineligible to serve, under the provisions of paragraph (b) of this subdivision. No person may serve on more than one community board. A member of a community board shall be ineligible to be employed by the community board of which he is a board member, any other community board or the city board. No person shall be eligible for membership on a community board if he or she holds any elective public office or any elective or appointed party position except that of delegate or alternate delegate to a national, state, judicial or other party convention, or member of a county committee.(b) A person who has been convicted of a felony, or has been removed from a community school board for any of the following shall be permanently ineligible for appointment or election to any community school board: (1) an act of malfeasance directly related to his or her service on such community school board; or (2) conviction of a crime, if such crime is directly related to his or her service upon such community school board. 5. Each registered voter shall vote at such polling place within his or her community district as shall be designated by the board of elections in the city of New York or may vote as a registered parent voter, but not both. Each person voting as a registered parent shall vote at such polling place within the community district in which his or her child is attending school as shall be designated by the board of elections in the city of New York. In the event a parent has children attending school in different community districts, the parent may vote at either polling place designated for each of the community districts by the board of elections, but not both. The polls of such elections shall be open between the hours of six o'clock in the forenoon and nine o'clock in the evening on the days of elections. 6. Applicability of the election law. (a) The provisions of the election law with respect to registration of voters, nomination of candidates, declination of nominations, filling of vacancies in nominations, notices to candidates, objections to petitions, rulings thereon, judicial proceedings, campaign receipts and expenditures, conduct of the election, including the use of voting machines, counting and canvassing of votes, and all other matters so far as applicable shall govern the election of community board members; provided, however, that: (1) candidates for community board member shall be nominated by petitions in accordance with regulations, not inconsistent with the provisions of this article, promulgated by the board of elections in the city of New York. Such petitions shall be filed with the board of elections at least four weeks before the election; (2) nominating petitions shall be signed by not fewer than two hundred registered voters residing in such community district, or persons eligible to vote as registered parents in such community district; (3) each candidate shall be nominated by a separate petition and no elector shall sign more than one such petition. Should an elector sign more than one such petition, his or her signature shall be void except upon the petition first signed; (4) no candidate shall be identified by political party or other organizational affiliation on the nominating petitions or the ballot; (5) certification of acceptance or declination are not required to be acknowledged; and (6) the order of the names of candidates on the ballot shall be determined in the same manner as the order of names of candidates in a primary election. (b) Notwithstanding the provisions of section 14-102 of the election law to the contrary, all receipts and contributions received by a candidate for community board or a political committee on behalf of a candidate for community board from any one contributor must be specifically accounted for by separate items in such candidate's or committee's financial disclosure statement. (c) At each election, any candidate for community board member shall be entitled to exercise all the rights granted by section 8-500 of the election law to a political party or independent body in regard to the appointment of watchers and challengers for the polls.(d) Any public hearing held by the board of elections or the city board with respect to the community school board elections or to candidates for community boards must be stenographically transcribed or recorded in another manner and such transcripts or written records of such recordings must be made available for public inspection at the offices of the city board and the board of elections. (e) Any decision rendered by the board of elections or the city board with respect to candidates for community boards must be written and made available for public inspection within seven days of its issuance at the offices of the city board and the board of elections. Such written decision shall include the factual and legal basis for its issuance and a record of the vote of each board member or commissioner of elections who participated in the decision. 7. The members of each community board shall be elected by proportional representation in accordance with the following rules: (1) Paper ballots. Community board members shall be voted for, in accordance with the instructions provided in paragraph three, on paper ballots on which the candidates are listed by name only. The ballots shall conform to the provisions of the election law for paper ballots, so far as applicable, except as to size and as hereinafter provided. The ballots shall contain a square for voting before each candidate's name. (2) Order of names on ballot. The names of the candidates shall be printed in the alphabetical order of their surnames, except that they shall be rotated by polling places by transposing the first named candidate to the bottom of the order at each succeeding polling place; so that each name shall appear first and in each other position in an equal number, as nearly as possible, of the polling places. (3) Instructions to voters. There shall be no indication on the ballot of a definite number of candidates to be voted for. The instructions to voters shall read as follows: INSTRUCTIONS Mark Your Choices with NUMBERS Only. (Do NOT use X Marks.) Put the number 1 in the square opposite the name of your first choice. Put the number 2 opposite your second choice, the number 3 opposite your third choice, and so on. You may mark as many choices as you please. Do not put the same number opposite more than one name. To vote for a person whose name is not printed on this ballot, write his name on a blank line under the names of the candidates and put a number in the square opposite to show which choice you wish to give him. If you tear or deface or wrongly mark this ballot, draw lines across its face to prevent its being used, return it and obtain another. (4) Central count. Prior to every election at which community board members are to be elected, the board of elections shall designate a central counting place for each community district where the ballots shall be brought together and counted publicly; shall appoint for each central counting place a board of two competent persons, to act as directors of the count for such counting place; shall employ a sufficient staff of assistants for each counting place, and shall make suitable arrangements for the counting and recording of the ballots, subject to the provisions of this article. If the board of elections and the city board determine it to be feasible and desirable, the board of elections may provide for the counting of the ballots by any combination of electronic, mechanical or other devices to carry out the provisions of this section. The board of elections shall prepare and provide all necessary forms and equipment.(5) Assembling ballots. As soon as the polls have closed, the election officials assigned by the board of elections at each polling place shall seal the ballot boxes without opening them and shall send them at once, as the board of elections may direct, to the central counting place for the district with a record of the number of ballots for community board member which have been voted in their polling place. (6) Checking number of ballots. At the central counting place the number of ballots for community board member found in each ballot box shall be recorded and compared with the record sent from the corresponding polling place. The records thus compared shall be made available to the public with notations explaining any corrections or changes made therein. Discrepancies which cannot be reconciled shall be shown on the record. All ballots found in the ballot boxes which bear no evidence of having been improperly cast shall be accepted. (7) Sorting of ballots. Ballots shall be sorted by polling places in an order determined by lot. (8) Rules for validity. If a ballot does not clearly show which candidate the voter prefers to all others or if it contains the signature of the voter, it shall be held as invalid. Every ballot not thus invalid shall be counted according to the intent of the voter so far as that can be clearly ascertained, whether marked according to the instructions printed on it or not. No ballot shall be held invalid because it is marked in ink or pencil different from the one supplied at the polling place, or because the names of candidates thereon have been stricken out by the voter. Any cross mark or check mark shall be disregarded, except that a single cross mark or check mark on a ballot on which no number one appears shall be considered equivalent to the number one. If the consecutive numerical order of the numbers on a ballot is broken by the omission of one or more numbers, the smallest number marked shall be taken to indicate the voter's first choice, the next smallest his second, and so on, without regard to the number or numbers omitted. (9) Count of first choices. At the beginning of the count for each district the ballots shall be sorted and counted according to the first choices marked on them. The ballots shall be so credited to the candidates of their choice in the order of polling places chosen by lot as specified in paragraph seven of this subdivision. The number of valid ballots cast for each candidate as first choice in each polling place and the total number of valid ballots for each candidate and for all candidates shall be determined and recorded. (10) Single transferable vote. Each candidate shall be credited with one vote for every ballot that is sorted to him as first choice or transferred to him as hereinafter provided, and no ballot shall ever be credited to more than one candidate at the same time. (11) Quota sufficient to elect. The quota of votes sufficient to elect a community board member shall be determined by dividing the total number of valid ballots cast in the community district by one more than the number of members to be elected for the district and adding one to the result, disregarding fractions. This is the smallest number of ballots which could be received separately by each of as many candidates as are to be elected but not by one more. (12) Election of candidates with quotas. All candidates whose first-choice ballots equal or exceed the quota shall be declared elected. (13) Transfer of surplus ballots. All of the surplus ballots in excess of the quota of each candidate so elected shall be transferred from him, each to the unelected candidate indicated on it as next choice among such candidates. The ballots to be so transferred as surplus ballotsshall be those last received by the candidate in the count of first choices which show a clear next choice for an unelected candidate. All ballots which show no such clear next choice shall be left to the credit of the candidate of their first choice. If more than one candidate has first-choice ballots in excess of the quota, the surplus ballots of the candidate with most ballots shall be transferred first, then those of the candidate with next most ballots, and so on. (14) Election of candidates during transfers. Whenever during any transfer of ballots, at any stage of the counting, the number of ballots credited to a candidate becomes equal to the quota, he shall be declared elected and no ballots in excess of the quota shall be transferred to him. Any transferred ballots in excess of the quota which show a next choice for such candidate shall be transferred further at once, each to the next subsequent choice on it for a continuing candidate. A "continuing candidate" is a candidate not yet elected or defeated. If such a ballot shows no such further choice, it shall be set aside as "exhausted". (15) Defeat of lowest candidates. After the count of first choices and the transfer of all surplus ballots, if any, the candidates having fewest votes to their credit shall be successively defeated and their ballots transferred as hereinafter provided. The one candidate with the fewest votes shall be declared defeated first. If at this point, two or more of the candidates with the next fewest votes, including any such candidates whose names have been written in, have together fewer votes than the candidate next higher in number of votes, they may all be declared defeated together unless this would reduce the number of undefeated candidates below the number to be elected. (16) Transfer of ballots from defeated candidates. All the ballots of the candidates thus defeated shall be transferred, each to the candidate indicated on it as next choice among the continuing candidates. If a ballot shows no such further choice, it shall be set aside as exhausted. If the same choice is marked for more than one candidate, it shall be disregarded except as to continuing candidates, but if the next choice for a continuing candidate is marked for more than one continuing candidate, the ballots shall be set aside as exhausted. (17) Defeat of candidate then lowest. When all the ballots of the candidate or candidates first defeated have been transferred, the one candidate who is then lowest on the poll shall be declared defeated and all his ballots transferred in the same way. (18) Successive defeats and transfers of ballots. Thereupon the candidate who is then lowest on the poll shall be declared defeated and all his ballots similarly transferred. The lowest candidates shall be declared defeated one at a time and all their ballots transferred until the election is at an end as hereinafter provided. (19) Order of transfer. When ballots are being transferred from defeated candidates, they shall be transferred in the reverse order to that in which they were credited to the candidate whose ballots are being transferred, except that if no quota can possibly be completed for another candidate during the transfer they may be transferred in any order. (20) Ties. In deciding any tie a candidate shall be treated as having more votes than another if he was credited with more votes at the end of the last preceding transfer or sorting of ballots at which the numbers of their votes were different. Any tie not thus decided shall be decided by lot. (21) Election ended when all quotas are completed. If at any time as many candidates as are to be elected have received the quota, the other candidates shall all be declared defeated and the election shall be atan end. Any transfer that is in progress when the last candidate is elected may be completed for the record. (22) Last candidates elected even if quotas are not completed. If at any time all ballots of any defeated candidates have been transferred and it is impossible to defeat another candidate without reducing the continuing candidates below the number still to be elected, all the continuing candidates shall be declared elected and the election shall be at an end. (23) Correction of errors. If at any time after the first sorting of the ballots a ballot is found to have been misplaced, it shall be credited to the candidate who should have been credited with it at that stage of the counting or set aside as exhausted if that would have been the proper disposition of it at that stage, and any changes in the disposition of the ballots composing completed quotas made necessary by the correction shall also be made forthwith. If the number of misplaced ballots found indicates that the list of continuing candidates may be incorrect, so much of the sorting and counting as may be required to correct the error shall be done over again before the count proceeds. (24) Record of count. A record of the count shall be kept in such form as to show, after each sorting or transfer of ballots, the number thereby credited to each candidate, the number thereby found exhausted, the total for each candidate, the total found exhausted, and the total number of valid ballots found by adding the totals of all candidates and the total found exhausted. (25) Record and disposition of ballots. Every ballot that is transferred from one candidate to another shall be stamped or marked so as to show all the candidates to whom it is successively credited during the entire course of the count. If in correcting an error, or in recounting ballots, any ballots are re-sorted or re-transferred, every such ballot shall be made to take the same course that it took in the original count unless the correction of an error requires its taking a different course. (26) Ineligible candidates. If a candidate dies or is officially determined to be ineligible before the counting of the ballots is completed, all choices for such candidate shall be disregarded and every ballot which would otherwise have been counted for him shall be counted for the next choice thereon, if any, instead. (27) Public attendance at count. The candidates, representatives of the press and other media and, so far as may be consistent with good order and convenience, the public shall be afforded every facility for being present and witnessing the count. (28) Supplementary regulations. Administrative regulations for the conduct of elections by proportional representation, not inconsistent with the provisions of this article may be made by the city board and, subject to any such regulation, by the board of elections in the city of New York. ** 7. Method of election. The members of each community board shall be elected in accordance with the following rules of limited voting: (a) Community board members shall be voted for on voting machines, in accordance with the provisions of title two of article seven of the election law. (b) Order of names on ballot. The names of the candidates shall be printed in the alphabetical order of their surnames, except that they shall be rotated by polling places by transposing the first named candidate to the bottom of the order at each succeeding polling place so that each name shall appear first and in each other position in an equal number, as nearly as possible, of the polling places.(c) Vote casting. Each voter is entitled to cast one vote for each candidate to a maximum of four votes. No voter may cast more than one vote for any one candidate. (d) Election of candidates. The nine candidates receiving the greatest number or votes when ballots are counted in accordance with the provisions of article nine of the election law shall be elected. (e) Ties. In the event that more eligible persons than the number remaining to be elected receive an equal number of votes, on notice to the persons receiving the same number of votes, the board of elections in the city of New York shall determine by lot which of those persons is elected. (f) Supplementary regulations. Administrative regulations for the conduct of elections by limited voting, not inconsistent with the provisions of this article, may be made by the board of elections in the city of New York, in consultation with the city board. ** NB The amendments to subdivision 7 made by chapter 149 of the laws of 1998, although signed into law by the Governor on July 2, 1998, are not operative until precleared by the Department of Justice, which has not yet occurred. 8. (a) In addition to the conditions enumerated in the public officers law creating a vacancy, a member of a community board who refuses or neglects to attend three meetings of his board of which he is duly notified, without rendering in writing a good and valid excuse therefor vacates his office by refusal to serve. Each absence and any written excuse rendered shall be included within the official written minutes of such meeting. After the third unexcused absence the board shall declare a vacancy and certify the existence of the vacancy to the chancellor. (b) Vacancies shall be filled for the unexpired term by the community board after consultation with the presidents' council or other consultative body representing parents' associations and other educational groups within the district. Recommendations made by such parents and other educational groups shall be submitted in writing and included within the record of the meeting at which the vacancy is filled. (c) If the vacancy is not filled by the board within sixty days after it is declared due to a tie vote for such appointment, the chancellor shall vote with the community board, to break such tie vote. If the board has failed to fill the vacancy within sixty days after it is declared because of any other reason, the chancellor shall order the board to do so pursuant to section twenty-five hundred ninety-l of this chapter. 9. Public information and education. (a) Each community board shall prepare and submit to the city board monthly a performance report. The information provided shall include community board members' attendance records; participation in community board committees and other community board activities; visits to schools; and voting records on major issues before the community board. (b) The city board shall review and consolidate the performance reports into one comprehensive city district-wide report, which shall be disseminated to the community and the media semiannually. 10. Polling place procedures. The board of elections shall provide at the locations designated as polling places on the days of the community board elections, sufficient employees who have received formal training regarding the conduct of community board elections, including the procedures applicable to parent voters. The board of elections of the city of New York shall provide polling place employees who speak other languages as required by law.11. Distribution of information/media. Beginning in October of the school year in which the community school election will take place, and continuing until the date of election, the city board shall ensure the distribution of voter guides to parents in addition to information regarding community board roles, functions, and activities, including upcoming elections, voter registration, candidate information, and the nature of the election process to parents and to the general public through city-wide and local media. The city board and the board of elections of the city of New York should use foreign language and ethnic newspapers and television stations to maximize minority participation in the electoral process. 12. Definition. For the purposes of this section, the term "parent of a child" shall include a parent of a child with a disability, as defined in article eighty-nine of this chapter. * NB Revived June 30, 2015