2020                      1230

By-Laws

 

SUBJECT:    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 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A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or BOCES District Superintendent).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, the date must 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 refuses 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 misconduct charges must be served upon the Board member at least ten days before the time designated for a hearing on the charges; the Board member will be allowed a full and fair opportunity to refute the charges before removal.

 

In the event of death, resignation, removal from office or from the District, or refusal to serve as 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 a 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 §§ 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503,  and 2553
• Public Officers Law §§ 30, 31, and 35

 

Adopted:  8/24/11

Revised: 9/22/20