N.Y. Education Law § 1803: Proceedings at meeting

§ 1803. Proceedings at meeting. 1. Any meeting held pursuant to the

notice provided in section eighteen hundred two shall be called to order

by a school official or a qualified voter of the district, designated by

the commissioner of education for the purpose. The first order of

business shall be the election of a chairman and a clerk who shall be

qualified voters of the district. The meeting may be adjourned from time

to time by a majority vote of the qualified voters present but no such

adjournment shall be for a longer period than ten days. The affirmative

vote of a majority of the qualified voters present and voting shall be

required on the adoption of a resolution.

2. At a meeting held pursuant to subdivision one of section eighteen

hundred two a resolution in substantially the following form shall be

presented for the action and determination of the meeting, viz.:

"Resolved that the ........ central school district (add designation) as

described in the order of the commissioner of education now before this

meeting, be organized and a central school for instruction in elementary

and high school subjects be established."

3. At a meeting held in an existing central school district pursuant

to subdivision two of section eighteen hundred two a resolution in

substantially the following form shall be presented for the action and

determination of the meeting, viz.: "Resolved that the ........ (insert

simplified name of district in accordance with section three hundred

fifteen of this chapter) school district be annexed to the .........

central school district (designate central school district) as provided

in the order of the commissioner of education now before this meeting."

Said resolution may be amended by a majority vote of the qualified

voters present to exclude one or more of the districts described in said

order of the commissioner from annexation to the central school

district.

4. At a meeting held in any common or union free school district

pursuant to subdivision two of section eighteen hundred two a resolution

in substantially the following form shall be presented for the action

and determination of the meeting, viz.: "Resolved that the .........

(insert simplified name of district in accordance with section three

hundred fifteen of this chapter) school district be annexed to the

.......... central school district (designate central school district) as

provided in the order of the commissioner of education now before this

meeting."

5. Votes upon the adoption of a resolution shall be cast in the same

manner as votes for the election of school district trustees. The

commissioner of education may order such modifications in the manner of

voting as are customary for school district elections in the community

affected by such vote. Such modifications may include the use of voting

machines and shall include the use of absentee ballots as provided under

section two thousand eighteen-a or two thousand eighteen-b of this

title, whichever shall apply, and early mail ballots as provided in

section two thousand eighteen-e or two thousand eighteen-f of this

title, whichever shall apply.

6. A copy of the minutes of the meeting or meetings duly certified by

the clerk shall be filed by him with the commissioner of education, with

each school superintendent in whose jurisdiction such school district,

or any part thereof, is or may thereafterward be located and with the

town clerk of each town in which any part of said school district is or

may thereafterward be located.

7. If the resolution described in subdivision two of this section is

adopted, then the voters shall proceed to organize in accordance with

the provisions of this article.

8. If at any such meeting the resolution described in subdivision two,

three or four of this section shall be presented and shall not be

adopted, there shall be no further proceedings at such meeting, except a

motion to reconsider the question. No such meeting shall again be called

within one year after such original meeting. No new meeting shall be

called unless a petition therefor shall be presented to the commissioner

in the manner provided in subdivision two of section eighteen hundred

two of this article. If no meeting shall be called to reconsider the

question within two years after such original meeting or if at any such

meeting called within two years after such original meeting the

resolution shall again fail of adoption, the order of the commissioner

of education to which the resolution relates shall be deemed null and

void and of no further force or effect.

9. If the resolution submitted to the voters as provided in either

subdivision three or subdivision four of this section shall be adopted

the territory described therein shall thereupon be annexed to the

existing central school district.