ARTICLE 33-A [Added by L. 1917, ch. 786, in effect June 8, 1917] Board of Education in the Several Cities of the Stato Section 865 Board of education 866 Board of education; eligibility; how chosen; term of office; vacancies 867 Meetings of board of education 868 Powers and duties of board of education 869 Superintendent of schools 870 Powers and duties of superintendent of schools 871 Board of examiners 871-a Bureau of compulsory education, school census and child welfare 872 Appointment of associate, district or other superintendents, teachers, experts and other employees; their salaries, et cetera 872-a Retirement of employees of board of education 873 Local school board districts 874 Bonds of employees 875 Buildings, sites, et cetera 876 Purchase and sale of real property 877 Education budget 878 Tax election 879 Bond issue 880 Funds; custody and disbursement of 881 Continuation in office of boards, bureaus, teachers, principals and other employees § 865 Board of education. 1 A board of education is hereby established in each city of the State. The educational affairs in each city shall be under the general management and control of a board of education to consist of not less than three and not more than nine members, to be chosen as hereinafter provided, and to be known as members of the board of education. The number of members on the board of education of each city shall be as follows: a A city having nine members or less on its board of education shall continue to have such number of members on said board as such board contains at the time this law goes into effect. b A city having a population of one million or more shall have a board of education to consist of seven members. c In all other cities of the State the number of members of the board of education shall be nine. 2 A board of education in office at the time this law goes into effect except as hereinafter provided shall continue in office and possess the powers and duties of a board of education under this article until its successor shall be chosen as provided herein. 3 Except as otherwise provided in this act the provisions of this act shall apply to and govern the operation and administration of the public school system and other educational affairs in a city which is created after this act goes into effect. The authorities in charge of the operation and administration of the schools and other educational affairs of the school districts included within such city at the time the act creating such city goes into effect shall continue in charge thereof until the first Tuesday in May thereafter. On such first Tuesday in May a board of education consisting of five members shall be elected at the annual school election in accordance with the provisions of this chapter. One member of such board shall be elected for one year, one member for two years, one member for three years, one member for four years, and one member for five years from the said first Tuesday of May. As their terms expire their successors shall be chosen for a full term of five years. [Added by L. 1917, ch. 786, and amended by L. 1919, ch. 299, in effect May 3, 1919.] 4 In a city of the third class, created or to be created by the consolidation of two cities situated, respectively, in two adjoining counties, in which, at the time of the creation of such consolidated city, a school district shall be coterminous with the boundaries of one such city and there shall be in the other city a school district wholly within its boundaries but not coterminous therewith, such districts shall constitute the city school district of such consolidated city, and the board of education thereof shall be a city board of education, within the meaning of this article, but such board shall be constituted and organized as provided in this subdivision. The terms of office of the members of the respective boards of education of the two districts so consolidated shall expire thirty days after the first mayor of such new city takes office. Within such period of thirty days after the first mayor of such new city takes office he shall appoint a board of education for such consolidated district, to consist of five members whose terms of office shall begin thirty days after such mayor takes office. The terms of office of the members of such board of education shall be respectively one, two, three, four and five years, except that the term of office shall end on the first Tuesday in May in each year. As their terms of office expire their successors shall be appointed by the mayor of such city for a full term of five years each. [Added by L. 1919, ch. 299, in effect May 3, 1919.] § 866 Board of education; eligibility; how chosen; term of office; vacancies. 1 No person shall be eligible to the office of member of a board of education who is not a citizen of the United States and who has not been a resident of the city for which he is chosen for a period of at least three years inmediately preceding the date of his election or appointment. 2 In a city having a population of one million or more and divided into boroughs, there shall be a board of education consisting of seven members. Two members of such board shall be residents of the borough having the largest population, two shall be residents of the borough having the second largest population, and one shall be a resident of each of the other boroughs in such city. The mayor shall appoint such members on the first Wednesday in January, 1918, and in appointing them shall designate the terms of office of such members so that the term of one member shall expire on the first Tuesday in May, 1919; one on the first Tuesday in May, 1920; one on the first Tuesday in May, 1921; one on the first Tuesday in May, 1922; one on the first Tuesday in May, 1923; one on the first Tuesday in May, 1924; and one on the first Tuesday in May, 1925. Their successors shall be chosen for full terms of seven years. Thereafter, as vacancies occur on such board they shall be filled from the several boroughs so that each borough shall always be represented on such board as required under this subdivision. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term. 3 In each city in which the law provides, prior to the time this article goes into effect, that the members of the board of education shall be chosen by vote of the people at an election separate from the general or municipal election, the members of the board of education of that city shall hereafter be elected by the voters at large at the annual school election. 4 In each city in which the law provides, prior to the time. this article goes into effect, that the members of the board of education shall be chosen by vote of the people at a general or municipal election, the members of such board of education shall continue to be so chosen by the voters at large at either a general or municipal election, or at both, and for the terms prescribed by such law. 4-a In each city of the State in which, under the laws relative to members of the board of education or school commissioners, in existence prior to June 8, 1917, it was provided that such members or commissioners comprising the board of education of such city shall be, in part, appointed by the common council of such city, and, in part, elected by the qualified electors of commissioner districts into which such city is divided, the members or commissioners comprising such board of education shall continue to be appointed by the common council, or elected by such commissioner districts, in the manner and for the terms prescribed by such laws, and so much of the said laws as pertains to the number of members of the board of education of such city, the division of the city into commissioner districts, the election of commissioners or members of the board by the qualified electors of such districts, and the appointment of other members or commissioners for the city at large by the common council of such city, shall remain in full force effect notwithstanding the provisions of the section hereby amended. The provisions of article 7-a of this chapter, as added by chapter 791 of the Laws of 1917, which pertain to the date of school elections in cities, qualifications of electors, the places of holding elections, notices of elections, the preparation of poll lists and the correction therefor, the inspectors of election and the organization of the boards of inspectors in election districts, the nomination of candidates for members of the board and the ballots containing the names of such candidates, the conduct of elections, the canvass of votes, return to the board of education and declaration of results, and the use of voting machines, shall apply, so far as may be, to the election of the members of the board of education in such city by the qualified electors of commissioner districts established as provided by law. [Added by L. 1919, ch. 106, in effect March 27, 1919.] 5 In each other city of the State members of the board of education shall be appointed from the city at large by the mayor except as otherwise provided herein, but in a city having a population of four hundred thousand or more and less than one million, such appointments shall be subject to confirmation by the council. The members of the board of education in a city having a population of four hundred thousand or more and less than one million shall be appointed by the mayor on January 15, 1918, subject to confirmation by the council, for terms of one, two, three, four and five years from the first Tuesday in May, 1917, and their succescors shall be appointed as provided herein for five years. 6 If the number of members on a board of education in a city in which the members of such board are chosen at an annual school, general or municipal election exceeds nine, no person shall be elected to membership thereon as vacancies occur until the number of members on such board shall be less than nine. 7 If the number of members on a board of education in a city in which the members of such board are appointed by the mayor exceeds nine, the term of office of each member of such board shall cease and terminate when this act takes effect, except as otherwise provided herein, and the mayor in each of such cities shall thereupon appoint a board of education to consist of nine members. Such members shall be appointed for the following terms: two members to serve until the first Tuesday in May, 1918; two to serve until the first Tuesday in May, 1919; two until the first Tuesday in May, 1920; two until the first Tuesday in May, 1921, and one until the first Tuesday in May, 1922. As their terms expire, their successors shall be chosen for a full term of five years. 8 The persons either elected or appointed to membership for a full term on a board of education, and their successors in office, shall be elected or appointed for terms of five years each, except as otherwise provided in this act. 9 In a city having less than five members on its board of education the term of office of such members shall be for the period of time specified in the law in effect prior to the time this act goes into effect. As the terms of office of such members expire their successors shall be chosen for like terms. 10 a When vacancies occur in a board of education by expiration of term, prior to the first Tuesday in May, 1921, in a city in which the members of such board are elected at the annual school election held on the first Tuesday in May, such vacancies shall be filled for such terms that the terms of one-fifth, or as near as may be, of all members of such board shall expire on the first Tuesday in May, 1921, and annually thereafter. b Where such vacancies have been filled by appointment by the mayor as required herein since June 8, 1917, or shall be hereafter so filled, the mayor shall designate the terms for which such persons so appointed are to hold office so that the terms of one-fifth, or as near as may be, of the members of such board shall expire on the first Tuesday in May, 1921 and annually thereafter. c The persons so elected or appointed shall take office immediately thereafter, except as otherwise provided herein. [Subd. a amended by L. 1918, ch. 252, in effect April 17, 1918.] 11 If a vacancy occurs other than by expiration of term of |