Nomination and Election of Board of Education Members

BOARD OF EDUCATION MEMBERS: NOMINATION AND ELECTION

a) Candidates for the office of member of the Board will be nominated by a petition directed to the Clerk of the District which is signed by at least 25 qualified voters of the District, or by two percent of the number of voters who voted in the previous annual election, whichever is greater. Petitions
must state the residence of each signer, the name and residence of each candidate. 

b) The notice of the Annual District Meeting must state that petitions nominating candidates for the Board must be filed with the Clerk of the District no later than 30 days before the Annual or Special District Meeting at which the Board election will occur, between 9 a.m. and 5 p.m. 

c) Voting will be by machine, and provision will be made for the election by “write-in-vote” of any candidate not previously nominated. The position of candidates on ballots will be determined by lot at a drawing conducted by the District Clerk on the day after the last filing. Candidates or their proxies may be present for the drawing. 

d) The hours of voting will be as indicated by Board resolution.

e) The candidates receiving the largest number of votes will be declared elected in accordance with Education Law. 

f) At least ten days prior to the election, the Board will appoint at least two inspectors of election for each voting machine, and set their salary. 

g) The District Clerk will oversee the election. The Clerk will give notice immediately to each person declared elected to the Board, informing him or her of the election and his or her term of office. 

h) Only qualified voters as determined by Education Law Section 2012 may vote at any District meeting or election. 

i) No electioneering will be allowed within 100 feet of the polling place.

j) When a term of office expires at the end of a school year and the office has become vacant at the time of election, the person elected to fill the new full term vacancy also fills the remaining days of the previous term, beginning his or her term of office immediately upon election and the taking and filing of the oath of office.

Education Law Sections 2004, 2012, 2018, 2025, 2029, 2031-a, 2032, 2034, 2105(14), 2121, 2502, 2602, 2608(1) and 2610

BOARD OF EDUCATION MEMBERS: NOMINATION AND ELECTION

a) Candidates for the office of member of the Board will be nominated by a petition directed to the Clerk of the District which is signed by at least 25 qualified voters of the District, or by two percent of the number of voters who voted in the previous annual election, whichever is greater. Petitions
must state the residence of each signer, the name and residence of each candidate. 

b) The notice of the Annual District Meeting must state that petitions nominating candidates for the Board must be filed with the Clerk of the District no later than 30 days before the Annual or Special District Meeting at which the Board election will occur, between 9 a.m. and 5 p.m. 

c) Voting will be by machine, and provision will be made for the election by “write-in-vote” of any candidate not previously nominated. The position of candidates on ballots will be determined by lot at a drawing conducted by the District Clerk on the day after the last filing. Candidates or their proxies may be present for the drawing. 

d) The hours of voting will be as indicated by Board resolution.

e) The candidates receiving the largest number of votes will be declared elected in accordance with Education Law. 

f) At least ten days prior to the election, the Board will appoint at least two inspectors of election for each voting machine, and set their salary. 

g) The District Clerk will oversee the election. The Clerk will give notice immediately to each person declared elected to the Board, informing him or her of the election and his or her term of office. 

h) Only qualified voters as determined by Education Law Section 2012 may vote at any District meeting or election. 

i) No electioneering will be allowed within 100 feet of the polling place.

j) When a term of office expires at the end of a school year and the office has become vacant at the time of election, the person elected to fill the new full term vacancy also fills the remaining days of the previous term, beginning his or her term of office immediately upon election and the taking and filing of the oath of office.

Education Law Sections 2004, 2012, 2018, 2025, 2029, 2031-a, 2032, 2034, 2105(14), 2121, 2502, 2602, 2608(1) and 2610

REPORTING OF EXPENDITURES AND CONTRIBUTIONS

Each candidate for the position of member of the Board whose expenses and/or contributions received exceed $500 must file a statement accounting for his or her campaign expenditures and contributions with the District Clerk and an additional statement with the Commissioner of Education.

In the event the expenses do not exceed $500 and the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn statement to that effect must only be filed with the District Clerk. 

Required contribution statements will include:

a) The dollar amount and/or fair market value of any receipt, contribution or transfer which is other than money; 

b) The name and address of the transferor, contributor or person from whom received;

c) If that transferor, contributor or person is a political committee as defined in Election Law Section 14-100;

d) The name and political unit represented by the committee;

e) The date of receipt;

f) The dollar amount of every expenditure;

g) The name and address of the person to whom the expenditure was made, or the name of and political unit represented by the committee to which it was made; and

h) The date of the expenditure.

The times for filing the statements are as follows:

a) The first statement on or before the thirtieth day preceding the election to which it relates;

b) A second statement on or before the fifth day before the election;

c) A third statement within 20 days after the election.

Any contribution or loan in excess of $1,000 received after the close of the period covered in the last statement filed before the election (b above) but before the election itself will be reported within 24 hours after receipt.

All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths.

Education Law Sections 1528 and 1529 
Election Law Section 14-100(1) 

RESIGNATION AND DISMISSAL

Board members may resign at a District meeting of residents (i.e., the annual meeting, not a regular Board meeting) or by filing a written resignation with the District Superintendent of the Supervisory District who must endorse his or her approval and file the resignation with the District Clerk.

Alternatively, a Board member may resign under Public Officers Law Section 31 by filing a written resignation with the District Clerk. The Clerk must then notify the Board and the State Board of Elections.

A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or BOCES District Superintendent). The Board has no authority to act upon a request to withdraw a resignation.

The resignation will take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it will take effect on the date of delivery to or filing with the District Clerk. 

If an effective date is specified in the letter of resignation, such date will not be more than 30 days subsequent to the date of its delivery or filing. 

It will be the duty of each member of the Board to attend all meetings of the Board and, if any member will refuse to attend three consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare 
that office vacant. 

A Board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order or regulation of the Commissioner. The Board may also remove a Board member for misconduct relating to the exercise of authority as a Board member. A written copy of all charges made of such misconduct must be served upon the Board member at least ten days before the time designated for a hearing on the charges; and the Board member will be allowed a full and fair opportunity to refute such charges before
removal. 

In the event of death, resignation, removal from office or from the District, or refusal to serve of a Board member, the District has the power and duty to fill the vacancy. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the full Board and will be only for a term ending with the next annual election of the District. 

The Board, at its own option, may instead call a special election within 90 days to fill the unexpired term. If not filled by Board appointment or special election, the District Superintendent of the Supervisory District may appoint a competent person to fill the vacancy until the next annual election. 

Alternatively, the Commissioner of Education may order a special election for filling a vacancy. When such special election is ordered, the vacancy will not be otherwise filled. 

A person elected or appointed to fill a vacancy will take office immediately upon filing the oath of office. 

A Board member who has been removed from office will be ineligible to appointment or election to any office in the District for a period of one year from the date of such removal.

Education Law Sections 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503
and 2553 
Public Officers Law Sections 30, 31 and 35 

Pine Bush Central School District
State Route 302, Pine Bush, NY 12566
Phone: (845) 744-2031
Fax: (845) 744-6189
Tim O. Mains
Superintendent of Schools
This website is maintained by Public Information Specialist Linda Smith. It is the goal of the Pine Bush Central School District that this website is accessible to all users. View our accessibility statement. The district is not responsible for facts or opinions contained on any linked site. Some links and features on this site require the Adobe Acrobat Reader to view. Visit the Adobe website to download the free Acrobat Reader. This website was produced by the Capital Region BOCES Communications Service, Albany, NY. Copyright © 2019. All rights reserved.