What's happening
This bill allows East Ramapo school board members elected in 2016 who missed the oath deadline to keep their seats if they file within 30 days.
Why it matters
Prevents disruption in school board governance. By allowing affected members to remain in office, the bill avoids potential vacancies or disruptions in leadership that could negatively impact the East Ramapo school district’s operations and decision-making.
Prioritizes voter intent. This legislation recognizes the outcome of the 2016 election, ensuring that the choices of East Ramapo voters are respected even if procedural oath-taking deadlines were missed.
Sets a precedent for flexibility in procedural errors. The bill demonstrates legislative willingness to address technical errors in the public interest, potentially influencing how similar cases might be handled elsewhere in New York or in other contexts.
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Who cares
Headline styles
Let Board Members Keep Seats
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.5
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.1
- Substituted for A382
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 59–0
- Ordered to third reading cal.2
- Committee discharged and committed to rules
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let School Board Members Stay
Assembly Floor Calendar · Sponsor Ellen C. Jaffee
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
886
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT relating to duly elected school board members from the East Ramapo central school district
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other law, rule or regulation to the contrary, any school board member from the East Ramapo central school district duly elected on May 17, 2016 who currently occupies the office to which he or she was elected but who failed to take or file his or her respective oath of office within the statutorily prescribed period shall continue to serve in such capacity and for the full term to which he or she was elected upon the taking and filing of an oath of office consistent with section 10 of the public officers law provided such oath is taken and filed within 30 calendar days after the effective date of this act. Such school board member that takes and files his or her oath of office under this act shall be deemed to have been continuously serving in office since the beginning of the term to which he or she was elected.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06044-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act relating to duly elected school board members from the East Ramapo central school district
Purpose or general idea of bill
The purpose of this bill is to uphold the will of the electorate despite procedural errors with certain oaths of office requirements.
Summary of specific provisions
This legislation provides that any school board member from the East Ramapo Central School District duly elected on May 17, 2016 who currently occupies the office to which he or she was elected but who failed to take or file his or her respective oath of office within the statutorily prescribed period shall continue to serve in such capacity and for the full term to which he or she was elected upon the taking and filing of oaths of office provided, such oaths are taken and filed within 30 calendar days after the effective date of this act. Such officials that take and file their oaths of office under this act shall be deemed to have been continuously serving in office since the beginning of the term to which they were elected.
Justification
Current state law generally provides that the oath of office for public officials, in this case school board members, need be taken or filed within thirty days after the commencement of the term of office. Routinely, oaths of office are executed and filed before or at the commencement of a term. On occasion there are incidents where public officials do not execute and file the document within the time period, triggering a vacancy or, in this case, a truncated term in the position to which they were elected.
This legislation would cure the failure to file for school board members elected on May 17, 2016, thus, fulfilling the choice of the voters in this election.
Prior legislative history
New legislation.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.