N.Y.
Education Law Section 505
Election of the active teacher members of the board
1.
An annual convention of the members of the retirement system shall be held within the state of New York during the month of October or November, at an hour and place set by the retirement board on or before May first of each year, for the purpose of electing members of the retirement board.2.
Said convention shall be composed of delegates selected as hereinafter provided from each territory constituting the jurisdiction of, unless otherwise provided for herein, a district superintendent, of a village or a city superintendent, or from a school district within a supervisory district and having at least seventy-five members of the retirement system, or from the department, or from a unit of the state university, which territory, school district, department or unit shall constitute a territorial unit of representation in the assembly of delegates. Each territorial unit shall be entitled to be represented in such convention by one delegate for each two hundred members of the retirement system employed on a per annum basis in said unit. The total entitlement to delegates for each territorial unit shall be the number of such members divided by two hundred, rounded off to the nearest whole number; provided, that each unit shall be entitled to at least one delegate.3.
Delegates from each territorial unit shall be elected, for a two-year term to commence on August first of the year of election, by the vote of a plurality of the members of the retirement system within such territorial unit voting by secret ballot. If there is more than one delegate entitled to be elected to represent a territorial unit, the voters shall be instructed to cast a vote for sufficient persons in the number needed to represent the territorial unit and those candidates receiving the most votes shall be declared elected.4.
The election of delegates shall be held in odd numbered years, no earlier than March first and no later than June first, in accordance with rules adopted by the chief administrative officer of each territorial unit or his designee. The chief administrative officer of each territorial unit or his designee shall, no later than July first, file with the retirement system a certificate of election containing the names and addresses of the delegates elected to the annual convention and such other information as may be required by the retirement board and shall furnish the delegates elected with a copy of said certificate of their election. The certificate of election shall be in a form prescribed by the retirement board.5.
An alternate shall be elected, in the same manner as prescribed for delegates, for each delegate to serve if the delegate is absent or unable to serve.6.
Each delegate and alternate must be a member of the retirement system and employed as a teacher in the territorial unit which he or she represents. A person may be elected to only one position, and each delegate shall be entitled to only one vote.7.
If both a delegate position and its corresponding alternate position become vacant, a special election shall be held, no later than October first, in the same manner as the regular election to fill the remaining portion of the term, and the chief administrative officer or his designee shall no later than October sixth file with the retirement system a certificate of election and shall furnish the delegate so elected with a copy of said certificate of election.8.
Said convention shall be called to order by a member of the retirement board designated by said board, and shall organize the election of a chairman and a secretary. A majority of all delegates entitled to seats in said convention shall constitute a quorum for the transaction of business.9.
Members of the retirement board shall be elected by a majority of those present and voting at the convention held pursuant to this section for a term commencing on the first day of February following the election. In order to be eligible to be elected to the retirement board pursuant to this section, a person must be a member of the retirement system.10.
The provisions of this section shall be deemed mandatory and not directory.
Source:
Section 505 — Election of the active teacher members of the board, https://www.nysenate.gov/legislation/laws/EDN/505 (updated Sep. 22, 2014; accessed Apr. 20, 2024).
