CHAPTER XII

UNION FREE-SCHOOL DISTRICT OFFICERS

Board of Education

[Articles 9, 10 and 11]

Number.- The number of members on

a board of education in each union free-school district cannot be less than three, nor more than nine. The voters of the district at the meeting at which the first election occurs should decide on the number to be elected.

Date of Election. The election of members of a board of education in a union free-school district whose limits do not correspond with the limits of an incorporated village must be held on one of three dates, as follows:

I. At the annual meeting on the first Tuesday in May.

2. At the annual meeting on the first Tuesday in August in cases where the date of such annual meeting has been duly changed as hereinbefore explained.

3. On the Wednesday following the date of the annual meeting in districts having more than 300 school children where action has been taken at the annual meeting fixing such date for the election as hereinafter explained.

The election of trustees in a union free-school district whose boundaries do coincide with those of an incorporated village must occur on the date of the annual charter election of such incorporated village. The trustees in these districts should be elected in the same manner as the other officers of such incorporated village are elected. The ballots used in such election must be separated from the ballots for the other officers to be chosen at such election and must be endorsed "School Trustees."

Method of Election.- These officers must be chosen by ballot. The ballots may be printed or written or partly printed and

partly written. Ballot-boxes should be provided for the purpose. Inspectors should be chosen by the meeting, who should receive all the ballots, deposit them in the ballot-boxes, and, after the polls have closed, canvass the votes and announce the result. The candidate receiving a majority of all votes cast is duly elected.

Classification of Trustees.- When a union free-school district is organized, the officers chosen at the first election shall be divided into three classes to be known as the first, the second, and the third class. The first class shall hold office for one year from the next annual meeting, if the district is one whose boundaries do not coincide with those of an incorporated village or a city; and if the district is one whose boundaries do so coincide, then such first class shall hold office for one year from the date on which the next annual charter election of such incorporated village or city occurs. The second and the third class shall likewise hold office for two and three years respectively from these dates, according to the boundaries of the district.

Term of Office.— After the expiration of the term of office of trustees elected at the first meeting of a union free-school district newly organized, the term of office of trustees of such district is three years from the date of their election. A year in this sense means from the first day of August to the thirty-first day of July following.

The trustees of union

Trustees Form a Board of Education. free-school districts constitute the boards of education for those districts. The board of education of a district is known and designated as the " Board of Education of district number

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Eligibility of Trustees.— In order to be eligible to hold the office of trustee, or to become a member of a board of education in a union free-school district, a person must be a citizen of the United States, and a voter of the district in which such person is elected, and must also be able to read and write. Women possessing these qualifications are eligible the same as men. Not more than

one member of a family can serve on a board of education in any district at the same time.

A district superintendent or supervisor is not eligible to be a member of a board of education. Hence, if a member of a board of education should accept either of these offices he would thus vacate his office as such member.

Vacancies - How Filled, etc.- Vacancies in boards of education in any union free-school district may occur by death, by resignation, by refusal to serve, by removal from district, or by removal from office. When a vacancy does occur from any of these causes, the board of education should fill such vancancy at once by appointment. If the board of education should fail to fill such vacancy within thirty days from the date on which it occurred and if such vacancy is not filled by special election of the district within that time, the district superintendent having jurisdiction may appoint a qualified person to fill such vancancy. The Commissioner of Education has the authority to order a special election to fill a vacancy in a board in any district, and when such special election has been ordered, the vacancy shall not be supplied in any other

manner.

Removal from Office.- A board of education has the authority to remove any member of the board for official misconduct. The member charged with such conduct should be furnished with a written copy of specific charges, at least ten days before the date fixed for the hearing. The accused member should also be allowed a fair and impartial opportunity to refute the charges preferred against him.

A member of a board of education may also be removed by the Commissioner of Education for sufficient cause.

In this procedure also, the accused member must receive notice of the charges standing against him and must have a fair chance to refute or disprove them. A willful failure to perform any duty required of him by the Commissioner of Education or a lack of proper diligence in obeying an order of such Commissioner, or any other willful violation or neglect of duty is sufficient cause for removal from office by such Commissioner.

Boards Bodies Corporate.- All boards of education are corporate bodies, and all school districts municipal corporations.

Annual Meetings of Boards of Education. The annual meeting of a board of education of a union free-school district whose

boundaries do not correspond to those of an incorporated village, is held on the first Tuesday in August of each year, except in districts in which the annual meeting is held on the first Tuesday in August, in which case the annual meeting of the board of education of such district shall be held on the second Tuesday in August.

But the annual meeting of a board of education of a district whose boundaries correspond to those of an incorporated village is held on the first Tuesday following the date on which the annual charter election of such village is held.

Boards Select Their President. At the first meeting of a board of education and at each annual meeting thereafter, such board shall elect one of their number president.

Appointment of Clerk of the Board. The board of education. of a district whose boundaries do not coincide with those of an incorporated village may appoint one of their number, or some other qualified voter of the district, who is not a teacher employed therein, clerk of the board of education. The clerk must perform the clerical work of the district and of the board, and is entitled to the compensation fixed by the district meeting. If the district meeting fails to fix the compensation of the clerk, the board of education should fix it.

If a vacancy occurs in the office of clerk, such vacancy may be supplied by appointment by the board of education.

In a union free-school district whose boundaries coincide with those of an incorporated village, the clerk of such village usually acts. as clerk of the board of education.

Appointment of Treasurer and Collector. The board of education of a union free-school district whose boundaries do not correspond to those of an incorporated village, has authority to appoint a district treasurer and a collector. These officers hold their appointments subject to the pleasure of the board. The treasurer is to hold and disburse upon the orders of the board the moneys of the district. The collector should collect the taxes on all tax-lists placed in his hands for that purpose and pay over such money to the treasurer.

In a district whose boundaries do coincide with those of an incorporated village, the treasurer and the collector of such village act as the treasurer and the collector of such district.

Bonds of Treasurer and Collector. The treasurer and the collector shall each within ten days after written notice of their

appointment, and before entering upon the discharge of their duties, execute and deliver to the board of education in the amount which such board may require, a bond with proper penalties and sureties for the faithful discharge of their duties.

Failure to Execute Bonds.- If either the treasurer or the collector should fail to execute the required bond within the specified time, the office becomes vacant and the board should fill it by appointing another person.

Librarian.- Boards of education have authority to appoint from time to time such librarians as in their judgment are necessary to take proper care of the libraries of the district.

Who May Vote for Officers in Union Free-School Districts.— Where no provision is made by special enactment, the general law defines the qualifications of voters at union free-school district meetings. (See chapter on "Qualifications of voters.") Persons coming within these provisions may vote for officers at elections in these districts.

Changing Number of Trustees.-I. If fifteen resident taxpayers of a union free-school district whose limits correspond to those of an incorporated village petition their board of education for a special meeting to decide to change the number of members of such board such special meeting must be called at least 30 days prior to the annual charter election. If the proposition to increase the number of members is adopted, such additional members shall be elected at the next annual election. If the proposition to decrease the number should be adopted no member shall thereafter be elected until the number of members is less than the number determined upon at such special meeting.

2. In a union free-school district whose boundaries are not coincident with those of an incorporated village the board of education must include in its notice of the annual meeting a statement that the proposition to increase or to decrease the number of trustees will be voted upon at such annual meeting if fifteen voters of the district file a request therefor with such board. If the board fails or refuses to give such notice, it may be given in the