2006 New York Code - Teachers\' Retirement Board; Membership; Elections.

 
    §  13-507  Teachers'  retirement  board;  membership;  elections.  The
  retirement board is continued and shall consist of the following:
    1.  The  president  of  the  board  of  education  or  an   authorized
  representative  designated by him or her, in writing, and filed with the
  teachers' retirement board.
    2. The comptroller.
    3. Two members appointed by the mayor, one of whom shall be  a  member
  of  the  board of education; they shall serve until their successors are
  appointed. Should the board of education member of the retirement  board
  cease  to  be a member of the board of education, he or she shall there-
  upon cease to be a member of the retirement board. The mayor may,  by  a
  written  instrument  filed  with  the retirement board, designate one or
  more alternates to act in the place of either of such appointed  members
  in  the event of the absence of such member; provided that only a member
  of the board of education may be designated to act in the place of  such
  board of education member of the retirement board.
    4.  Three  members  of  the  retirement  association  elected from the
  contributors. The term of each teacher-member shall be three years.  The
  teacher-members  now in office shall hold office until the expiration of
  the terms for which they were  respectively  elected.  Their  successors
  shall  be  elected by direct vote of the contributors, by secret ballot,
  as follows:
    (a)  Nomination.  Candidates  for  office  of  teacher-member  of  the
  retirement board shall be nominated by petition. The nominating petition
  must  be  signed  by  at  least one thousand contributors, each sheet of
  which petition shall contain:
    (1) The name and official board-of-education or city university of New
  York position of the candidate.
    (2) The name and official board-of-education or city university of New
  York position of the contributor who shall be the alternate candidate in
  the event of a vacancy caused by the death, disability, disqualification
  or withdrawal of the  candidate  occurring  prior  to  the  day  of  the
  election.
    (3)  The  names  of  three  contributors and the number or name of the
  school or college and borough in  which  each  is  employed  to  act  as
  tellers for the candidate at the final canvass of returns at the hall of
  the  board  of education on the Tuesday following the second Thursday of
  May.
    (4) A statement that the signature  or  signatures  of  a  contributor
  which  appear  on more than one petition or more than once on a specific
  petition shall be void and shall not be counted on any petition.
    (5) A certification at the bottom by a contributor together  with  the
  number  or name and borough of his or her school or college that all the
  signatures to the number of.............. appearing on  that  particular
  sheet  of the petition are bona fide signatures of contributors known to
  him or her.
    Each petition shall bear the signatures of not less than one  thousand
  approving  contributors  endorsing the candidate, the number or name and
  borough of the school, the college  or  the  department  in  which  each
  contributor  so endorsing is employed and the date on which each signed.
  Contributors  shall  sign  only  one  petition  and  the  signature   or
  signatures  of  a  contributor which appear on more than one petition or
  more than once on a specific petition shall be void  and  shall  not  be
  registered or counted on any petition.
    (b)  Filing  of  petitions.  All  petitions  shall  be  filed with the
  superintendent of schools or his or her  authorized  representative  not
  later  than  five  o'clock  in  the  afternoon  of the last day on which
  schools are in session preceding April twenty in each year. The date and


  time of such filing shall be noted on the face of the  petition  by  the
  superintendent  of  schools  or  his  or  her authorized representative.
  Petitions shall be open to public inspection.  Each  petition  shall  be
  accompanied  by  a written acceptance of the nomination by the candidate
  named in the petition and by a  written  statement  of  the  contributor
  named   as  alternate  candidate,  that  in  the  event  of  the  death,
  disability, disqualification or withdrawal of the candidate prior to the
  election, he or she will accept the nomination in such a contingency.
    In the event of but one candidate being nominated for  the  office  of
  teacher-member,  it  shall not be necessary to prepare ballots, official
  blanks  or  tally  sheets,  nor  for  the  members  of  the   retirement
  association  to  meet  on the second Wednesday of May for the casting of
  written  ballots.  The  election  of  the  single  candidate  shall   be
  consummated  on  the  second  Wednesday  of May by the superintendent of
  schools casting one ballot in favor of the candidate.
    (c) Objections to petitions. If the question of the  qualification  of
  any  signer of a petition is raised by any contributor by writing to the
  superintendent of schools, or his or her authorized representative,  the
  executive  director  of  the  retirement system or his or her authorized
  representative, shall certify as to whether  or  not  the  signer  is  a
  contributor  to  the teachers' retirement system and entitled to vote in
  the election of teacher-members  of  the  retirement  board.  A  written
  objection  to  any  petition  may  be  filed  with the superintendent of
  schools, or his or her authorized representative, by any contributor not
  later than the last day on which schools are in session preceding  April
  twenty-seventh in each year. The superintendent of schools or his or her
  authorized  representative  shall  summarily  hear  and  determine  such
  objections under such rules and regulations as he or she  may  establish
  and  shall  notify in writing both the candidate and the objector of his
  or her determination of the objection not later than the first Wednesday
  in May.
    (d) Publication of nominations. Not later than the first Wednesday  of
  May in each year, the superintendent of schools or his or her authorized
  representative  shall  notify  each  school, annex, and college in which
  members of the retirement association are employed of the names  of  all
  nominees.  On  receipt  of  such  notice, the principal of the school or
  annex or in his or her absence the acting principal, and  the  president
  or  acting  president of a college shall give to each contributor in the
  school, annex or college a copy of such notice.
    (e) Form of ballots, etc. The superintendent of schools or his or  her
  authorized  representative  shall  cause  to  be  prepared the necessary
  ballots for the election. These ballots shall contain only the names  of
  the  candidates  and necessary directions for voting. The superintendent
  of schools shall determine by lot in the presence of each  candidate  or
  his  or  her  duly  authorized  representative the order of the names of
  candidates on the ballot. The superintendent of schools or  his  or  her
  authorized  representative  shall cause to be distributed to each school
  or voting place not later than the Tuesday  preceding  the  day  of  the
  election:
    (1) A sufficient number of official ballots.
    (2) The official blank form for contributors' signatures.
    (3) Blank tally sheets in triplicate.
    (f)  Discussion  meetings.  Upon  petition  of  ten  per centum of the
  contributors in any public school  building,  annex  or  college  for  a
  meeting  for  the discussion of the merits of the various candidates for
  teacher-member of the retirement  board,  the  principal  or  person  in
  charge of such public school building, annex or college, shall call such
  a  meeting not more than five school days nor less than two school days,


  prior to the date of election in  each  year.  After  the  principal  or
  person in charge of such school building, annex or college or his or her
  authorized   representative  has  called  such  meeting  to  order,  the
  contributors  present  shall  proceed  to  elect  by  plurality  vote  a
  chairperson and a secretary. The chairperson of such  meeting  shall  be
  responsible for the conduct of the meeting.
    (g) Elections. Procedures for members of the retirement system who are
  in  the  employ  of  the New York city board of education. On the second
  Wednesday of May, or if the second Wednesday of May falls on a religious
  or other holiday or if for any reason the schools are closed on that day
  then on the first school day preceding the second Wednesday of  May,  in
  each  year, the contributors in each school or annex shall meet in their
  respective school buildings at three o'clock in the afternoon, or if the
  administration conditions in any school  or  annex  are  such  that  the
  meeting  ought to be held at some other hours, then at such hour in such
  school building as shall be designated by the superintendent of schools,
  after consultation with the  principal  or  person  in  charge  of  such
  school.  Such  principal  or  person  in charge or his or her authorized
  representative shall call the meeting to  order,  and  the  contributors
  present  at  the  meeting  shall  proceed  to elect from their number by
  written ballot, a chairperson and a secretary. The  candidate  receiving
  the greatest number of votes in each instance shall be declared elected.
  The  chairperson  elected shall then appoint from among the contributors
  at least one teller for each candidate nominated  for  the  position  of
  teacher-member  of  the  retirement  board.  Such  teller  shall  be  an
  acknowledged supporter of the particular candidate.  In  no  case  shall
  there be less than three tellers. The contributors shall then proceed as
  follows,  to vote by written and secret ballot for teacher-member of the
  retirement board. Each contributor shall receive a ballot and  sign  the
  contributors'  list  in the presence of the chairperson and the tellers.
  The contributor shall then proceed to mark his or her ballot in  secret.
  As  his or her name is called each contributor shall then deposit his or
  her ballot in the official ballot  box  provided  by  the  principal  or
  person   in   charge.   Contributors  designated  as  special  teachers,
  supervisors  and  directors  shall  vote  and  sign  the   contributors'
  signature  blank in the school or voting place nearest to the respective
  main offices. The superintendent of schools or  his  or  her  authorized
  representative  shall  provide  voting places for all other contributors
  not assigned to schools and he or she  shall  designate  the  person  or
  persons  who shall be responsible for the proper conduct of the election
  in each place so provided. If a contributor spoils a ballot  he  or  she
  shall  return it to the chairperson of the meeting. Both the contributor
  and the chairperson of the meeting shall certify  on  the  face  of  the
  ballot  that  the  ballot  is  void.  The  voided  ballot  shall then be
  deposited in the ballot box and thereupon another ballot shall be issued
  to the contributor. During the period of this meeting there shall be  no
  electioneering  or  discussions regarding candidates. The chairperson of
  the meeting shall be responsible for the proper conduct of the election.
  Only  contributors  to  the  retirement  system  may  be  designated  as
  representatives  of the superintendent of schools or principals or heads
  of schools or department or persons in charge.
    Procedure for members of the retirement system who are in  the  employ
  of  the board of higher education of the city of New York. On the second
  Wednesday of May, or if the second Wednesday of May falls on a religious
  or other holiday or if for any reason the schools are closed on that day
  then on the first school day preceding second Wednesday of May, in  each
  year,  the  contributors  in  each  college building shall meet in their
  respective school buildings at nine o'clock in the morning,  or  if  the


  administration conditions in any college are such that the meeting ought
  to  be  held  at  some  other  hour,  then  at such hour in such college
  building as shall be designated by the superintendent of schools,  after
  consultation  with  the  principal  or person in charge of such college.
  Such  principal  or  person  in  charge  or  his   or   her   authorized
  representative  shall  call  the  meeting to order, and the contributors
  present at the meeting shall proceed  to  elect  from  their  number  by
  written  ballot,  a  chairperson  and  a secretary of the balloting. The
  candidate receiving the greatest number of votes in each instance  shall
  be  declared  elected.  The  chairperson elected shall then appoint from
  among the contributors at least one teller for each candidate  nominated
  for  the position of teacher-member of the retirement board. Such teller
  shall be an acknowledged supporter of the particular  candidate.  In  no
  case  shall there be less than three tellers. The chairperson shall then
  announce the opening of the balloting, which shall continue  until  five
  o'clock  in  the  afternoon  of  that  day  and from nine o'clock in the
  morning until five o'clock in  the  afternoon  of  the  next  succeeding
  school  day.  The  contributors  shall  proceed  as  follows, to vote by
  written and secret ballot for teacher-member of  the  retirement  board.
  Each  contributor,  regardless  of  whether he or she was present at the
  election of the chairperson and the secretary, shall  receive  a  ballot
  and  sign the contributors' list in the presence of at least two tellers
  at any time during the balloting. The contributor shall then  and  there
  proceed  to  mark his or her ballot in secret and shall then deposit his
  or her ballot in the official ballot box provided by  the  principal  or
  person in charge. The superintendent of schools or his or her authorized
  representative  shall  provide  voting places for all other contributors
  not assigned to colleges and he or she shall  designate  the  person  or
  persons  who shall be responsible for the proper conduct of the election
  in each place so provided.
    If a contributor spoils a ballot he or she  shall  return  it  to  the
  chairperson  of  the balloting. Both the contributor and the chairperson
  of the balloting shall certify on the face of the ballot that the ballot
  is void. The voided ballot shall be deposited  in  the  ballot  box  and
  thereupon another ballot shall be issued to the contributor.
    During  the  period of this balloting there shall be no electioneering
  or discussions regarding candidates in the voting place.
    The chairperson of the balloting shall be responsible for  the  proper
  conduct of the election.
    Only  contributors  to  the  retirement  system  may  be designated as
  representatives of the superintendent of schools or heads of colleges or
  department or persons in charge.
    (h) Returns. Procedure for members of the retirement system who are in
  the employ of the New York  city  board  of  education.  After  all  the
  contributors  present  in  the  voting  place have had an opportunity to
  vote, the tellers shall publicly open the ballot box, count the ballots,
  tally and announce the vote for teacher-member of the retirement  board.
  After  the  votes  have  been  tallied the chairperson and secretary and
  tellers shall prepare and sign the election returns  for  teacher-member
  in  triplicate.  One  copy of the election return shall be posted on the
  official bulletin board of the building in which the voting took  place.
  One  copy  of the election return shall be forwarded immediately by mail
  to the superintendent of schools and one copy to the executive  director
  of the retirement system. Then the chairperson shall place in the ballot
  box  all  the  ballots cast, the spoiled ballots, the unused ballots and
  the contributors' signature list, seal the ballot  box  and  deliver  it
  forthwith to the principal or person in charge of the school building or
  annex.  A receipt shall be given to the person making this delivery. The


  principal or person in charge of such school  building  or  annex  shall
  retain  such  sealed box for six months following the date of voting, or
  until a  special  election  is  called  to  fill  a  vacancy  among  the
  teacher-members as hereinafter provided, whichever occurs first.
    Procedure  for  members of the retirement system who are in the employ
  of the board of higher education of  the  city  of  New  York.  At  five
  o'clock  in  the  afternoon  of  each  day  of the balloting, or as soon
  thereafter as possible, allowing all contributors  who  are  present  at
  such  time  to  cast  their ballots, the tellers shall publicly open the
  ballot  box,  count  the  ballots,  tally  and  announce  the  vote  for
  teacher-member  of  the  retirement  board.  After  the  votes have been
  tallied the chairperson and secretary and tellers shall prepare and sign
  the election returns for teacher-member  for  that  day  in  triplicate.
  There  shall  be no posting of returns after the first day, but one copy
  of the election return shall be posted on the offical bulletin board  of
  the  building  in  which  the  voting  took place after the second day's
  balloting has been completed.  One copy of the election return for  each
  day  shall  be  forwarded immediately by mail, at the end of each day of
  balloting, to the superintendent  of  schools  and  one  copy  shall  be
  forwarded  by  mail,  at the same time, to the executive director of the
  retirement  system.  At  the  end  of  the  first  day's  balloting  the
  chairperson  shall place in an envelope all the ballots cast during that
  day, and the  spoiled  ballots,  which  envelope  shall  be  sealed  and
  identified  as  the  first day's balloting. The sealed envelope shall be
  kept in the ballot box, together with the first day's  tally  sheet  and
  the  contributors'  signature  list.    At  the  end of the second day's
  balloting, the ballots cast that day, the spoiled  ballots,  the  unused
  ballots  and  the  contributors'  signature  list shall be placed in the
  ballot box, the chairperson shall seal the ballot  box  and  deliver  it
  forthwith  to  the  person  in charge of the college. A receipt shall be
  given to the person making this delivery. The person in charge  of  such
  college shall retain such sealed ballot box for six months following the
  date  of voting, or until a special election is called to fill a vacancy
  among the teacher-members  as  hereinafter  provided,  whichever  occurs
  first.
    (i)  Counting  the  vote  for  teacher-member.  At four o'clock in the
  afternoon of the Tuesday following the third Thursday  of  May  in  each
  year  at  the  hall  of  the board of education the final canvass of the
  returns shall be made. Each candidate for  election  to  the  office  of
  teacher-member  or  his  or  her duly authorized representative shall be
  entitled to be present at the final  canvass  to  inspect  the  election
  returns  and  to  witness  the canvass and summary made of the number of
  votes cast. The superintendent of schools or his or her duly  authorized
  representative  shall  preside at the canvass. The executive director of
  the retirement system or his or her duly authorized representative shall
  be present with all the election returns received at his or  her  office
  from   the  various  schools,  colleges  and  other  voting  places.  No
  contributor duly authorized by this act shall  suffer  loss  of  pay  by
  reason  of  attendance  at  this  meeting. The tellers designated on the
  nominating petition, together with the superintendent of schools or  his
  or her authorized representative shall record and tally the vote cast in
  the  respective  schools, school annexes and colleges for each candidate
  for the office of teacher-member of the teachers' retirement board.  The
  chairperson  of  the meeting shall call for a report of the vote cast in
  each of the respective schools, school  annexes  and  colleges.  If  the
  accuracy  of any election return is questioned or if the election return
  of a voting place is missing, the vote  recorded  on  the  copy  of  the
  election  return  filed  with  the  executive director of the retirement


  system shall be used. The total vote for each candidate as  recorded  on
  the  election  returns  from  all  voting places shall be announced. The
  candidate receiving the greatest  number  of  votes  shall  be  declared
  elected  and  the  pension  election  committee shall so certify and the
  superintendent of schools or his or her authorized representative  shall
  transmit  immediately  such  certification  to the retirement board. The
  newly elected  teacher-member  shall  take  office  forthwith.  Election
  returns,  tally  sheets,  and  all  other  records including ballots and
  contributors' signature lists shall  be  kept  in  the  custody  of  the
  superintendent of schools for a period of not less than six months after
  the  third  Thursday  in  May or until a vacancy occurs in the office of
  teacher-member in the retirement board, whichever occurs first.
    (j) Vacancies. Procedure for members of the retirement system who  are
  in the employ of the New York city board of education. In the event of a
  vacancy  in  the  office  of  teacher-member of the retirement board two
  months or more before the expiration of  his  or  her  term,  a  special
  election  shall  be  held  to  elect  a  teacher-member  to complete the
  unexpired term. Such special election shall be  conducted  in  the  same
  manner  as  hereinbefore  provided  for  a regular election, except that
  petitions shall be filed not later than twenty regular school days after
  the date on which the vacancy occurred, and the election shall  be  held
  on  the  third  Wednesday  after  the  closing  date  for  the filing of
  petitions. Should this day fall on a holiday, the election shall be held
  on the first Thursday subsequent thereto on which school is  in  regular
  session.
    Procedure  for  members of the retirement system who are in the employ
  of the city university of New York. In the event of  a  vacancy  in  the
  office  of  teacher-member  of  the  retirement board two months or more
  before the expiration of his or her term, a special  election  shall  be
  held  to  elect  a  teacher-member  to complete the unexpired term. Such
  special election shall be conducted in the same manner  as  hereinbefore
  provided  for  a  regular election, except that petitions shall be filed
  not later than twenty regular school days after the date  on  which  the
  vacancy  occurred, and the election shall be held on the third Wednesday
  after the closing date for the filing of petitions and on the school day
  immediately succeeding it. Should the third Wednesday after said closing
  date fall on a  holiday,  the  election  shall  be  held  on  the  first
  Wednesday  subsequent  thereto on which school is in regular session and
  on the next succeeding school day.
    In the event that  such  vacancy  among  the  teacher-members  of  the
  retirement  board  occur  in  June,  July,  August or during the time in
  September when schools are not in session, such vacancy shall be  deemed
  to  have  occurred  on the first day schools are in session and the same
  procedure and time allowance for  the  election  shall  be  followed  as
  herein  provided  for  the  election  of a teacher-member when a vacancy
  occurs during the school year.
    (k) Appeals. The superintendent of schools or his  or  her  authorized
  representative  shall  have jurisdiction to hear and summarily determine
  any question arising in connection with the nomination or election of  a
  teacher-member  of  the retirement board as set forth in this act except
  questions concerning the qualifications of any signer of a  petition  as
  to  whether  or  not  he  or she is a contributor, in which instance the
  executive director of the retirement system or  his  or  her  authorized
  representative shall determine the facts.