Cec 15 Resolution #1 Trustees

WHEREAS, the "mayoral control" provisions of Article 52-A of the New York State Education Law have "sunset" and the predecessor version of the law restored; and WHEREAS, as a result, the legal existence of Community Education Councils has ceased but, at the request of the Chancellor, the Community Education Council ("CEC") for District 15 has continued to meet; and WHEREAS, there are presently no members of the School Board for District 15 which has replaced the CEC for the District because the requisite election has not been held; and WHEREAS, subdivision one of Section 2590-l of the Education Law presently in effect provides for the "supersession" of a local School Board that is incapable of functioning and the appointment by the Chancellor of "trustees" to act in place of said School Board; and WHEREAS, Section 43 of the New York State Public Officers Law provides: "[i]f a vacancy shall occur, otherwise than by expiration of term, with no provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election..." WHEREAS, the nine Parent Members of the CEC for District 15 were selected among 18 candidates by District 15 PTA Officers in May, 2009 after a "straw vote" in which parents of over 570 District 15 public school children cast ballots; and WHEREAS, the parent members of CEC for District 15 stand ready, willing, and able to act in the capacity of a Community School Board for District 15; and WHEREAS, our children, schools and members of our school community need continuity and stability in education policy, BE IT RESOLVED, that the CEC for District 15 respectfully requests that the Chancellor appoint our Parent CEC Members as "trustees" for the District Community Board for District 15 (with the full powers appurtenant thereto) until the vacancies are filled by an election or the laws changed to replace said Board with another body; and BE IT FURTHER RESOLVED, in the alternative, should the Chancellor decline to make the requested appointments, we respectfully request that Governor Paterson exercise his authority, pursuant to Section 43 of the Public Officers Law, to appoint our Parent CEC Members to execute the duties of Community School Board members for District 15 until the vacancies are filled by an election or the laws changed to replace the Community School Board with another body. Passed unanimously by all those present at a duly called meeting of CEC-15 on: 7/7/09.