N.Y. Education Law § 505: Election of the active teacher members of the board

§ 505. Election of the active teacher members of the board. 1. An

annual convention of the members of the retirement system shall be held

within the state of New York during the month of October or November, at

an hour and place set by the retirement board on or before May first of

each year, for the purpose of electing members of the retirement board.

2. Said convention shall be composed of delegates selected as

hereinafter provided from each territory constituting the jurisdiction

of, unless otherwise provided for herein, a district superintendent, of

a village or a city superintendent, or from a school district within a

supervisory district and having at least seventy-five members of the

retirement system, or from the department, or from a unit of the state

university, which territory, school district, department or unit shall

constitute a territorial unit of representation in the assembly of

delegates. Each territorial unit shall be entitled to be represented in

such convention by one delegate for each two hundred members of the

retirement system employed on a per annum basis in said unit. The total

entitlement to delegates for each territorial unit shall be the number

of such members divided by two hundred, rounded off to the nearest whole

number; provided, that each unit shall be entitled to at least one

delegate.

3. Delegates from each territorial unit shall be elected, for a

two-year term to commence on August first of the year of election, by

the vote of a plurality of the members of the retirement system within

such territorial unit voting by secret ballot. If there is more than one

delegate entitled to be elected to represent a territorial unit, the

voters shall be instructed to cast a vote for sufficient persons in the

number needed to represent the territorial unit and those candidates

receiving the most votes shall be declared elected.

4. The election of delegates shall be held in odd numbered years, no

earlier than March first and no later than June first, in accordance

with rules adopted by the chief administrative officer of each

territorial unit or his designee. The chief administrative officer of

each territorial unit or his designee shall, no later than July first,

file with the retirement system a certificate of election containing the

names and addresses of the delegates elected to the annual convention

and such other information as may be required by the retirement board

and shall furnish the delegates elected with a copy of said certificate

of their election. The certificate of election shall be in a form

prescribed by the retirement board.

5. An alternate shall be elected, in the same manner as prescribed for

delegates, for each delegate to serve if the delegate is absent or

unable to serve.

6. Each delegate and alternate must be a member of the retirement

system and employed as a teacher in the territorial unit which he or she

represents. A person may be elected to only one position, and each

delegate shall be entitled to only one vote.

7. If both a delegate position and its corresponding alternate

position become vacant, a special election shall be held, no later than

October first, in the same manner as the regular election to fill the

remaining portion of the term, and the chief administrative officer or

his designee shall no later than October sixth file with the retirement

system a certificate of election and shall furnish the delegate so

elected with a copy of said certificate of election.

8. Said convention shall be called to order by a member of the

retirement board designated by said board, and shall organize the

election of a chairman and a secretary. A majority of all delegates

entitled to seats in said convention shall constitute a quorum for the

transaction of business.

9. Members of the retirement board shall be elected by a majority of

those present and voting at the convention held pursuant to this section

for a term commencing on the first day of February following the

election. In order to be eligible to be elected to the retirement board

pursuant to this section, a person must be a member of the retirement

system.

10. The provisions of this section shall be deemed mandatory and not

directory.