TITLE 8 Designation of sites Vote on ex!penditure of Tax for sums voted approve; the designation of a site or sites by the district meeting shall be by written resolution containing a description thereof by metes and bounds, and such resolution must receive the assent of a majority of the qualified voters present and voting at said meeting, to be ascertained by taking and recording the ayes and noes. On money or tax all propositions arising at said meetings involving the expenditure of money, or authorizing the levy of a tax or taxes in one sum or by instalments, the vote thereon shall be by ballot, or ascertained by taking and recording the ayes and noes of such qualified voters attending and voting at such meetings; and they may direct the moneys so voted to be levied in one sum, or by instalments, but no addition to or change of site or purchase of a new site or tax for the purchase of any new site or structure, or for the purchase of an addition to the site of any schoolhouse, or for building any new schoolhouse, or for the erection of an addition to any schoolhouse already built, shall be voted at any such meeting unless a notice by the board of education stating that such tax will be proposed, and specifying the amount and object thereof, shall have been published once in each week for the four weeks next preceding such district meeting, in two newspapers if there shall be two, or in one newspaper if there shall be but one, published in such district. But if no newspaper shall then be published therein, the said notice shall be posted in at least 20 of the most public places in said disCollection of trict 20 days before the time of such meeting. And whenever a Notice of proposed tax for school buildings, sites etc. tax Rescinding vote, or reduction of amount voted tax for any of the objects herein before specified shall be legally voted the boards of education shall make out their tax list, and attach their warrant thereto, in the manner provided in article 7 of title 7 of this act, for the collection of school district taxes, and shall cause such taxes or such instalments to be collected at such times as they shall become due. No vote to raise money shall be rescinded, nor the amount thereof be reduced at any subsequent meeting, unless it be an adjourned meeting or a meeting called by regular and legal notice, which shall specify the proposed action, and at which the vote upon said proposed reduction or rescinding shall be taken by ballot or by taking and recording the ayes and noes of the qualified voters attending and voting thereat. For borrow money the purpose of giving effect to these provisions, trustees or boards of education are hereby authorized, whenever a tax shall have been voted to be collected in instalments for the purpose of building a new schoolhouse or building an addition to a schoolhouse, or making additions, alterations or improvements to buildings or structures belonging to the district, or for the purchase of a new site or for Power to TITLE 8 an addition to a site, to borrow so much of the sum voted as may be necessary at a rate of interest not exceeding 6 per centum, and to issue bonds or other evidences of indebtedness therefor, which Issue and sale shall be a charge upon the district, and be paid at maturity, and of bonds which shall not be sold below par; due notice of the time and place of the sale of such bonds shall be given by the board of education at least 10 days prior thereto by publication twice in two newspapers, if there be two, or in one newspaper if there be but one published in such district. But if no newspaper shall then be published therein, the said notice shall be posted in at least 10 of the most public places in said district 10 days before the sale. It shall be the duty of the trustees or the persons having charge of the issue or payment of such indebtedness, to transmit a statement thereof to the clerk of the board of supervisors of the county in which such indebtedness is created, annually, on or before the first day of November. teachers §11 All moneys required to pay teachers wages in a union free Tax for school or in the academical department thereof, after the due wages application of the school moneys thereto, shall be raised by tax. $12 Every union free school district shall, for all the purposes of the apportionment and distribution of school moneys, be regarded and recognized as a school district. ARTICLE 3 Of annual and special meetings, and of election of members of boards of education and clerks in districts where the number of children exceeds 300. special meet free school §13 1 In union free school districts other than those whose Annual and limits correspond with those of any incorporated village or city, ings in union the annual school meeting shall be held on the first Tuesday of districts August. The boards of education shall have power to call special meeting of the inhabitants of their respective districts whenever they shall deem it necessary and proper, in the manner prescribed in section 10 of this title, and shall in like manner give notice of the time and place of holding the annual school district meeting. The proceedings of any special meeting shall not be held to be illegal for want of a due notice to all persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent. The annual meeting of the board of educa- Annual tion of every such union free school district shall be held on the board of Tuesday next after the annual school district meeting therein. meeting of education therein TITLE 8 Annual and special meetngs in dis tricts same as 2 In union free school districts whose limits correspond with those of any incorporated village or city, the boards of education city or village shall have power to call special meetings of the inhabitants of their respective districts for the purposes mentioned in section 9 of this title, in the manner prescribed in said section 9. The proceedings of any special meeting shall not be held to be illegal for want of due notice to all persons qualified to vote thereat unless it shall appear that the omission to give such notice was wilful and fraudulent. The annual meeting of the board of education of every such union free school district shall be held on the Tuesday next after the canvass and declaration of the election of the members of said board at the annual charter election of the village or city. Annual meeting of board of education therein Tax may be voted for free textbooks Election of board and clerk in districts Over 300 Time of hold ing election 13 The qualified voters of any union free school district present at any annual school meeting therein, for which a notice has been duly given that the vote hereinafter mentioned will be taken, or at any special school meeting therein; duly and legally called for that purpose, shall have power, by a majority vote, to be ascertained by taking and recording the ayes and noes, to vote a tax for the purchase of all textbooks used, or to be used, in the schools of the district. If such tax shall be voted it shall be the duty of the board of education of such district, within 90 days thereafter, to purchase and furnish free textbooks to all the pupils attending the schools in such district. Such board of education shall have power to establish such rules and regulations concerning the use by the pupils of such textbooks, and the care, preservation and custody thereof as it shall deem necessary. 2814 In union free schools districts other than those whose limits correspond with those of an incorporated village or city, in which the number of children of school age exceeds 300, as shown by the last annual report of the board of education to the school commissioner, the qualified voters of any such district may by a vote of a majority of those present and voting, at any annual meeting, or at any duly called special meeting, to be ascertained by taking and recording the ayes and noes, determine that the election of the members of the board of education shall be held on the Wednesday next following the day designated by law for holding the annual meeting of said district. Until such determination shall be changed, such election shall be held on the Wednesday next following the day on which such annual meeting of such district shall be held, Added by section 1, chapter 195, laws of 1897. 2As amended by section 2, chapter 466, laws of 1897. TITLE 8 election time election votes in each year, between the hours of 12 o'clock noon, and 4 o'clock in the afternoon at the principal schoolhouse in the district, or at such other suitable place as the trustees may designate. When the Notice of place of holding such election is other than at the principal schoolhouse, the trustees shall give notice thereof by the publication of such notice, at least one week before the time of holding such election, in some newspaper published in the district, or by posting the same in three conspicuous places in the district. The trustees may, Extension by resolution, extend the time of holding the election from 4 o'clock until sunset. The board of education, or such of them as may be present, shall act as inspectors of election. If a majority of such Inspectors board shall not be present at the time of opening the polls, those members of the board in attendance may appoint any of the legal voters of the district present, to act as inspectors in place of the absent trustees; and if none of the board of education shall be present at the time of opening the polls, the legal voters present may choose three of their number to act as inspectors. The district Record of clerk, or the clerk of the board of education, as the case may be, shall attend at the election and record in a book to be provided for that purpose, the name of each elector as he or she deposits his or her ballot. If such district clerk, or clerk of the board of education shall be absent, or shall be unable or refuse to act, the board of education or inspectors of election shall appoint some person who is a legal voter in the district to act in his place. Any Penalty for clerk or acting clerk who shall neglect or refuse to record the name receive nam of a person whose ballot is received by the inspectors, shall be liable to a fine of $25, to be sued for by the supervisor of the town. any person offering to vote at any such election shall be challenged as unqualified by any legal voter, the chairman of the inspectors shall require the person so offering to vote to make the following declaration: "I do declare and affirm that I am and have been for Declaration the 30 days last past an actual resident of this school district, and that I am legally qualified to vote at this election." And every person making such declaration shall be permitted to vote; but if any person shall refuse to make such declaration his or her ballot shall not be received by the inspectors. Any person who upon Penalty for being so challenged shall wilfully make a false declaration of his etc." or her right to vote at such election, is guilty of a misdemeanor. Any person who shall vote at such election, not being duly qualified, shall, though not challenged, forfeit the sum of $10, to be sued for by the supervisor of the town for the benefit of the school or schools of the district. The board of education shall, at the ex-Ballot b refusal to If Challenges thereupon illegal votin TITLE 8 Ballots Canvass of votes and declaration of results pense of the district, provide a suitable box in which the ballots shall be deposited as they are received. Such ballots shall contain the names of the persons voted for, and shall designate the office for which each one is voted. The ballots may be either written or printed, or partly written and partly printed. The inspectors immediately after the close of the polls shall proceed to canvass the votes. They shall first count the ballots to determine if they tally with the number of names recorded by the clerk, and if they exceed that number, enough ballots shall be withdrawn to make them correspond. Such inspectors shall count the votes and announce the result. The person or persons having a majority of the votes respectively for the several offices shall be elected, and the clerk shall record the result of such ballot and election as announced by the inspectors. Whenever the time for holding such election as aforesaid shall pass without such election being held in any such district, a special election shall be called by the board of education, but if no such election be called by said board within 20 days after such time shall have passed, the school commissioner or the State Superintendent of Public Instruction may order any inhabitant of said district to give notice of such election in the manner Terms of offi- prescribed by section 10 of this title; and the officers elected at Special election cers elected chereat Election disoutes, how settled oregoing provisions such special election shall hold their respective offices only until the next annual election, and until their successors are elected and shall have qualified as in this act provided. All disputes concerning the validity of any such election, or of any votes cast thereat, or of any of the acts of the inspectors or clerks, shall be referred to the Superintendent of Public Instruction, whose decision in the matter shall be final. Such Superintendent may, in his discretion, Limitation of order a new election in any district. The foregoing provisions shall not apply to union free school districts in cities, nor to union free school districts whose boundaries correspond with those of an incorporated village, nor to any school district organized under a special act of the Legislature, in which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in union free school districts, organized under the general law, nor to any of the union free school districts in the counties of Richmond, Suffolk, Chenango, Warren, Erie and St Lawrence. In Richmond county, whenever any district shall have determined to hold its annual election on Wednesday following the date of its annual school meeting, the same shall be held between the hours of 4 o'clock and 9 o'clock in the evening. |