N.Y. Education Law § 1703: Change in number of members of board of education

§ 1703. Change in number of members of board of education. 1. The

number of members of the board of education of a union free school

district may be increased or decreased at an annual meeting by a

majority vote of the qualified voters present and voting to be

ascertained by taking and recording the ayes and noes or by ballot. The

number of members of such board shall not be increased to more than nine

nor decreased to less than three.

2. No vote shall be taken upon the proposition to increase or decrease

the number of members of such board of education unless the notice of

the annual meeting shall contain a statement to the effect that the

voters of such district will vote upon such proposition. The board of

education of any such district shall, upon the application of at least

twenty-five voters or five percent of the number of voters who voted in

the previous annual election of the members of the board of education,

whichever is greater, such number to be determined by the number of

persons recorded on the poll list as having voted at such election,

include in the notice of the annual meeting a statement that the

proposition to increase or decrease such board will be presented to the

annual meeting for determination. If the board refuses or fails to give

such notice, the notice may be given in such manner as the commissioner

of education may direct.

3. The additional members first elected shall be elected at a special

meeting which shall be called by the board and be held not less than

thirty nor more than sixty days following the annual meeting at which

the number was increased, and pending the first election of such

additional members no vacancy shall be deemed to exist in the offices

thereof except for the purpose of filling the same by election,

notwithstanding any inconsistent provision of any law.