N.Y. Education Law § 2204: Appointment of district superintendent

§ 2204. Appointment of district superintendent. 1. The board of

cooperative educational services of a supervisory district shall meet

upon the direction of the commissioner of education, at a time and place

designated by the commissioner, for the purpose of appointing a district

superintendent of schools whenever a vacancy in such office shall occur,

unless the commissioner shall issue an order pursuant to section

twenty-two hundred one redistricting the county so as to provide for a

lesser number of supervisory districts. Such direction shall be filed by

the commissioner of education in the office of the clerk of the board of

cooperative educational services and the commissioner shall also mail a

notice of the time and place of such meeting to each member of the board

of cooperative educational services of the district. If such vacancy

shall not be filled at such meeting, such meeting may be adjourned to a

subsequent date, and the commissioner may appoint a district

superintendent of schools who shall serve until the board of cooperative

educational services shall fill such vacancy.

2. In the appointment of such district superintendent the vote shall

be by ballot and the person receiving a majority of all votes cast shall

be appointed subject to the approval of the commissioner of education.

Each member of the board of cooperative educational services shall be

entitled to one vote in such appointment.

3. The clerk of such board shall file a copy of the proceedings of

each such meeting and each such appointment, certified by himself and

the president, in the office of the clerk of the county in which such

meeting or appointment takes place and with the commissioner of

education within five days after the close thereof.

4. Whenever a district superintendent from one supervisory district is

appointed to be a temporary or acting superintendent in another

supervisory district, he or she shall not receive any compensation for

duties associated with the temporary or acting position.