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The NEW
YORK STATE
SCHOOL BOARDS ASSOCIATION
presents
Welcome to Coffee Talk
Ask us your pressing questions
(c) 2018 NYS School Boards
Association, Inc. 1Use of Videoconferencing
• OML-AO-05535 (1/17/17): Video-
conferencing while at Kennedy Airport.
– Optimally meetings should take place where there is
little to no impediment to public observers
– Videoconferencing allows public to see the public
body at work including members participating from
a remote location
Use of Videoconferencing
• OML-AO-5575 (3/6/18)
– Not every location needs to be barrier free for access
by the disabled or be large enough to accommodate
all members of public who wish to attend
– Signage does not need to be posted in each location
– Executive session- participants using
videoconferencing may be asked to supply an
affidavit that no one else was present during
executive session
(c) 2018 NYS School Boards
Association, Inc. 2Bilingual Election Requirements
• 52 USC § 10503 designed to ensure greater
participation of language minorities in elections
• Applicable to states and political subdivisions as
designated based upon 2010 Census data
• Language minorities=
– American Indian, Asian American, Alaska Natives or
of Spanish heritage
Bilingual Election Requirements
• If designated based on census data then voting
materials must be provided in the minority
language
– Registration forms and instructions
– Voting notices (annual meeting notice, 6 day budget
notice)
– Ballots and ballot instructions
(c) 2018 NYS School Boards
Association, Inc. 3Counting Ballots – No Voting Machine
• Count ballots to determine if agree with
number of names recorded on poll list.
– If exceed that number- chief inspector
withdraws at random ballots to reduce to
number of voters.
• Inspectors then count remaining ballots.
• Ballot box locked and sealed and deposited
with the district clerk.
Recent Chapter Laws
• L. 2018 Ch. 207: Mandatory pre-employment drug and alcohol
testing of school bus drivers; all bus drivers subject to random
testing (vs. federal rule)
• L. 2018 Ch. 233: DA must provide notice to Sup’t whenever
charges of sex offense requiring registration as sex offender filed
against a person known to be a school employee
• L. 2018 Ch. 214: District may make contributions to
municipality to cover cost of school crossing guards if results in
increase in number of crossing guards
(c) 2018 NYS School Boards
Association, Inc. 4Kimberly A. Fanniff
Senior Staff Counsel
NEW YORK’S RESPONSE TO
THE #METOO MOVEMENT
2017 Sea Change for Harassment
in the Workplace
• Harvey • Kevin
Weinstein Spacey
• Matt Lauer • Al Franken
• Mario Batali • Charlie Rose
(c) 2018 NYS School Boards
Association, Inc. 5Federal Law
• Title VII of the Civil Rights Act of 1964
– 42 USC § 2000e-2
• Prohibits discrimination in employment on the
basis of sex
– Includes discrimination in the hiring, termination,
demotion, or promotion of employees (relates to
compensation, terms & conditions of employment)
– Also prohibits retaliation against an employee or
applicant who makes a charge, or who testifies, assists or
participates in a Title VII investigation or action
Title VII Protections
• What does it mean to be discriminated
against on the basis of sex?
– Discrimination based on:
• Gender
• Non conformance to sexual/gender stereotypes
• Sexual orientation
– Zarda v. Altitude Express- Second Circuit Court of
Appeals found discrimination based on sexual
orientation is a form of discrimination based on sex
(c) 2018 NYS School Boards
Association, Inc. 6New York Human Rights Law
• Executive Law § 296
– Prohibits discrimination in employment on the basis of
sex and sexual orientation
• 9 NYCRR § 466.13(c)
– Discrimination on basis of gender identity is sex
discrimination
– Sex as used in the human rights law = gender identity
and transgender status
– Harassment on basis of gender identity or transgender
status is sexual harassment
New York’s New Laws
• Governor Cuomo’s Women’s Agenda made reforms
regarding sexual harassment a priority. As part of
budget process new laws were adopted regarding:
– Model policy & training program for all NYS employers
– Ban on mandatory arbitration clauses
– Non-disclosure agreements only at the behest of the
complainant
– Protection of non-employees (i.e. independent
contractors) from sexual harassment
– Individual employee liability
(c) 2018 NYS School Boards
Association, Inc. 7Individual Employee Liability
• If an employee is subject to a final judgment of
individual liability for sexual harassment and a
public employer pays the judgment the
employee is responsible for reimbursing the
employer for the employee’s designated share of
the liability
– Law includes mechanisms for employer to recoup
the money if it is not repaid within 90 days
Protections for Non Employees
• Executive Law § 296-d provides an employer
may be liable if the employer fails to take
corrective action when it knew or should have
known that an independent contractor was
subject to sexual harassment in the employer’s
workplace.
(c) 2018 NYS School Boards
Association, Inc. 8Arbitration Clauses
• Employment contracts, including collective
bargaining agreements, often include an
arbitration clause which requires the parties
to the contract to utilize an independent
arbitrator to resolve disputes prior to filing
a lawsuit.
CPLR § 7515
• Prohibits contracts entered into after July 11,
2018 from containing a mandatory arbitration
clause addressing sexual harassment claims
unless inconsistent with provisions of federal
law.
– If there is conflict between collective bargaining
agreement and this law, the CBA will be controlling
• But when CBA expires such clause may not be included
(c) 2018 NYS School Boards
Association, Inc. 9Nondisclosure Agreements
• Effective July 11, 2018 the General
Obligations Law § 5-336 and CPLR §
5003-b prohibit inclusion of non disclosure
agreements in settlements, agreements, etc.
entered into to resolve sexual harassment
complaints unless the nondisclosure clause
is the wish of the complainant.
Nondisclosure Agreements
• All parties will be given 21 days to consider the
terms of the nondisclosure agreement
• If the complainant agrees to the nondisclosure
terms it will be memorialized in an agreement
separate from the settlement
• Complainant has 7 days from the execution of
the nondisclosure agreement to revoke the
agreement
(c) 2018 NYS School Boards
Association, Inc. 10Model Policy and Training Program
• Draft Model Policy issued • Annual training program
at end of August must be implemented
• Public comment be • Training of all employees
received until September that comports with model
12, 2018 training program must be
• Statute requiring policy completed by January 1,
and training program 2019
effective October 9, 2018 • Training can be in person
• Policy must be or web based provided it
prominently posted & meets requirement that it
given to all employees be interactive
Model Policy
• 6 major areas • Introduction
within the draft • Defines sexual
harassment
model policy issued
• Defines retaliation
by the Dep’t of • Reporting harassment
Labor in • Supervisory
consultation with responsibilities
Division of Human • Legal protection and
Rights external remedies
(c) 2018 NYS School Boards
Association, Inc. 11Draft Policy- Introduction
• The draft policy introduction clearly states the policy
applies to employees, interns, applicants & 3rd parties
• Sexual harassment will not be tolerated and any
individual found to have engaged in such behavior will
be subject to remedial and/or disciplinary action
• Employees & supervisor who engage in or knowingly
allow sexual harassment to continue will be penalized
for misconduct and potentially subject to individual
liability
Model Complaint Form
• Each employer must also provide a complaint
form whenever the policy is distributed.
• Complaints may be made orally or in writing
– If employee does not want to submit written form
than the person to whom employee made report
must fill out the complaint form based upon
information received
(c) 2018 NYS School Boards
Association, Inc. 12What is sexual harassment?
• Unwelcome conduct which is either of a sexual nature
or directed at the individual because of the individual’s
sex when:
– Conduct has purpose or effect of unreasonably interfering
with individual’s work performance or creating
intimidating, hostile or offensive work environment
– Conduct is explicitly or implicitly a term & condition of
employment
– Submission to or rejection of such conduct is used as a
basis for employment decisions
Draft policy examples of harassment
• Physical assaults of sexual nature
• Ranging from unwanted touching, brushing against another’s
body to criminal behavior
• Unwanted sexual advances or proposition
• Requests for sexual favors paired with implied or overt
threats to victim’s job status
• Sexually oriented gestures, noises, remarks, jokes, or
comments which create a hostile work environment
(c) 2018 NYS School Boards
Association, Inc. 13Draft policy examples of harassment
• Sexual or discriminatory displays of publications
anywhere in workplace
– Materials that are sexually demeaning or pornographic
includes display on workplace computers and cell phones
• Hostile actions taken against individual because of his
or her sex, sexual orientation, gender identity or status
of being transgender
– Interfering with/destroying a person’s work space, tools or
property
– Sabotaging an individual’s work
– Bullying, yelling, name calling
Where can harassment occur?
• Draft policy makes clear that harassment is
not limited to the physical workplace itself
– While employees traveling on business
– At employer sponsored events or parties
– Calls, texts, emails and social media usage by
employees can also constitute workplace
harassment even if they occur away from
workplace and not during regular work hours
(c) 2018 NYS School Boards
Association, Inc. 14Retaliation Prohibited
• Draft policy details that any action which would keep a
worker from coming forward and/or to support
another’s claim of harassment can be retaliation.
Protected activities include:
– Filing a complaint internally or with an outside agency
– Testifying or assisting in any proceeding involving sexual
harassment
– Opposing harassment by making verbal or informal
complaint
– Complaining that another employee has been harassed or
encouraging another employee to report harassment
Duty to report harassment
• Any employee, intern, or non employee who has been
subjected to harassment is encouraged to report
• Anyone who witnesses or becomes aware of
harassment should report it to a supervisor, manager or
employer-designated individual
• All supervisors & managers who receive a complaint or
witness what may be harassing behavior or for any
reason suspect harassment is occurring are required to
report harassment to designated person or office
(c) 2018 NYS School Boards
Association, Inc. 15Investigations
• All complaints or information of suspected
harassment will be investigated whether received
verbally or in written form
• Investigation will be confidential to extent
possible
• Must be completed within 30 days
• All persons involved will be accorded due
process to protect right to fair and impartial
investigation
Investigatory Steps
• Designated office or person will conduct review and
take interim actions as appropriate
• Obtain and preserve documents, emails, phone records
• Review documents
• Interview all parties involved
• Written documentation of investigation
• Promptly notify all parties of final determination and
implement any corrective action necessary
• Notify victim of right to file a complaint or charge
externally
(c) 2018 NYS School Boards
Association, Inc. 16Legal Protections & External Remedies
• NYS Division of Human Rights
– Complaint must be filed within 1 year
• U.S. Equal Employment Opportunity
Commission
– Complaint must be filed within 300 days
• Local protections (ex. NYC Human Rights Law)
• Local police if harassment constitutes criminal
behavior
Training Program
• All existing employees must be trained by January 1,
2019
• Draft FAQ- All newly hired employees must be trained
within 30 days of start date
• Training should be modified to reflect specific
employer policies or practices while still meeting
minimum elements of training
• Training must detail the internal processes available for
filing a complaint and include specific contact
information
(c) 2018 NYS School Boards
Association, Inc. 17Minimum training requirements
• Be interactive
– If web-based: questions asked of users
– Accommodate questions asked by employees at in person
trainings
– Live trainer available to answer questions
– Require feedback from employees about training and
materials presented
• Include explanation of sexual harassment consistent
with DHR guidance
• Include examples of unlawful sexual harassment
Minimum Training Requirements
• Include information about state and federal laws
and remedies available to victims of sexual
harassment
• Include information regarding employee’s right
of redress and all available forums for
complaints
• Include information addressing conduct by
supervisors and any additional responsibilities of
supervisors
(c) 2018 NYS School Boards
Association, Inc. 18Jeffrey Mongelli
Senior Staff Counsel
2018 ELECTION UPDATE
Annual Meeting & Election
• Date= 3rd Tuesday in May
– May be changed if submit request to
Commissioner no later than March 1 based
upon conflict with religious observance.
– Some elections for board members in the Big
5 districts take place at different dates and
times specified by law.
(c) 2018 NYS School Boards
Association, Inc. 19Voting on the School Budget
• Most school districts: at least 6 consecutive hours after
6:00 a.m., two hours of which must be after 6:00 p.m.,
as determined by school board resolution.
• Small city school districts: at least 9 consecutive hours,
beginning no later than 7:00 a.m., two hours of which
must be after 6:00 p.m., as established by board
resolution.
Place for Election
• Election held at the school(s) designated
for this purpose.
– If school not accessible or adequate then the
election may be held at anyplace within the
district suitable for the occasion.
– Must have adequate access and parking for
the disabled during the time the polls are
open.
(c) 2018 NYS School Boards
Association, Inc. 20Opening the Polls
• Common School Districts- election called
to order by sole trustee or chairperson of
board thereafter the voters elect a qualified
voter to serve as chairperson.
• UFSD, Central and Small City- the board
appoints a qualified voter as chairperson
who declares polls open and closed.
• Activities Preceding Annual
Meeting & Election
(c) 2018 NYS School Boards
Association, Inc. 21Notice of Annual Meeting
• Published 4 times in seven weeks
preceding election in 2 newspapers with
general circulation.
– 1st publication at least 45 days prior to
election
– Newspaper general circulation published at
least weekly, paid circulation
– Fees charged are governed by law
Contents of Notice of Annual Meeting
• Date, time & place of annual meeting
• Date, time & place of budget hearing
• Information about when and where to obtain copies of
the budget during 14 days preceding budget vote and
on day of vote.
• Due date for filing of nominating petitions
– Between 9 and 5 pm no later than 30 days before election
– Nominees have until 20 days before election to file in small
city school districts
(c) 2018 NYS School Boards
Association, Inc. 22Contents of Notice of Annual Meeting
• Notice of any proposed tax, together with
a statement specifying both the purpose
and the amount of spending for which the
tax will be levied, where such tax is
proposed to finance items specified by law.
• Where required by law substance of
specific propositions to be voted on.
Contents of Notice of Annual Meeting
• Statement about applying for absentee ballots and that
the list of persons issued absentee ballots will be
available for inspection at clerk’s office each of 5 days
before election (excluding Sunday).
• Time and place board of registration will meet and
notice that the register will be available for inspection.
(if have personal registration)
(c) 2018 NYS School Boards
Association, Inc. 23Public Hearing on the Budget
• At least 7 days but not more than 14 days prior to the
annual meeting and election or special district meeting
at which the school budget vote will occur.
• Quorum of the board is not required as the purpose is
to present to the voters the proposed school budget
for the upcoming school year.
• If hold a re-vote must give notice of date, time and
place of budget hearing to be held prior to re-vote.
Budget Notice
• Following the public hearing, school district must mail to all
qualified voters in the district a school “Budget Notice”, no
later than six days prior to the annual meeting and election
or special district meeting at which the school budget vote
will occur.
• Content of the budget notice is dictated by law and includes
information regarding a school district’s property tax levy
limit & projected contingency budget.
(c) 2018 NYS School Boards
Association, Inc. 24Voter Propositions
• Districts using voting machines must have policy on
submission of propositions.
– Specify minimum number of signatures
– Voters not required to list address
• Must be filed with the board at least 30 days in advance
of election unless required by law to be in notice of
annual meeting.
– Board can set reasonable deadline for submission of
propositions relating to topics required to be included in
notice of annual meeting.
Acceptance of Voter Propositions
• Board determines if propositions conform with policy and law in
order to be on ballot.
• Once issue has been placed before voters in particular year board
may refuse to place issue on ballot again in same year; nor does
the board have to place conflicting propositions on the ballot.
• May reject propositions not within power of voters or if
proposition fails to state amount of money required for
proposed expenditure.
(c) 2018 NYS School Boards
Association, Inc. 25Commissioner’s Decision
• Appeal of McNamee (17,103):
• Petitioner challenged the refusal by the
board to place a proposition before the
voters at the annual meeting to increase the
number of board members.
• Board rejected the proposition 3-2.
Proposition did not specify the amount for
which voter approval was sought.
• “any proposition may be rejected by the …
board of education if the purpose of the
proposition is not within the power of the
voters, or where the expenditure of money
is required by the proposition, if the
proposition fails to include the necessary
specific appropriations.”
(c) 2018 NYS School Boards
Association, Inc. 26• Petitioner: argued that there wasn’t enough
time to obtain the requisite signatures
before the deadline to submit.
• Commissioner rejected this argument and
noted that “petitioner had sufficient time
prior to the March 18 deadline to revise the
petition and obtain the requisite number of
signatures …”
Improper Advocacy
(c) 2018 NYS School Boards
Association, Inc. 27Legal Restrictions
on Promoting the Budget
School districts may not use district resources or
personnel to exhort the voters to support the school
budget. However, a school district may disseminate
factual information reasonably necessary to educate the
public.
• This prohibition extends to statements that do not specifically
urge a yes vote but nonetheless persuade or convey support
for a particular position, and to actions that technically do not
violate the law, but create the appearance of impropriety.
Advocacy by Individual Board Members
and School Officials
• Must ensure teachers and staff do NOT communicate
partisan positions to students on school time.
• Staff may be prohibited from wearing political buttons
in the classroom
• In your PERSONAL capacity you can actively support
proposed budget but must be:
– At own expense
– Avoid giving impression speaking on behalf of board or
district
(c) 2018 NYS School Boards
Association, Inc. 28Use of District Facilities and Channels
of Communication
• Cannot allow district facilities or channels of
communication to be used by third parties to engage in
promotional activities
– PTA should not send home flyers urging passing of budget in
student backpacks
– Unions cannot use mailboxes or email to promote candidates
it supports for board even if CBA authorizes use of
mailboxes or email generally
Targeting
• Appeal of Sidmore (17,225): Petitioner
asserted that by holding the annual budget and
election on the same day as the dinner event
the board sought to increase “participation of a
‘targeted’ group of voters.”
• Petitioner alleged that this group “was likely to
vote in favor of the proposition since their
child(ren) benefit directly by the capital
improvements.”
(c) 2018 NYS School Boards
Association, Inc. 29• Commissioner denied the appeal noting that
the petitioner failed to carry her burden of
proving that only students and the families of
students were given notice of the event.
• Be careful not to “target” a selective list of
potential voters who might be more inclined to
support the budget than other groups.
• Notice should be given to all district residents
“in the same manner.”
Post Card and Brochure
• Appeal of Flippen (17,296): District invited
parents to visit the high school and observe
their child’s learning experience.
• Post card notified residents of public meetings
to be held in December and January regarding
the bond as well as the date of the bond vote.
• District mailed a four page color brochure to
district residents regarding the bond vote.
(c) 2018 NYS School Boards
Association, Inc. 30• Proceedings of a district meeting are not
invalidated for want of due notice unless
the omission of notice is willful or
fraudulent – district corrected issue.
• Law establishes the qualifications of an
election chairperson and requires only that
the chairperson be a qualified voter in the
district.
• District’s brochure complied with the
Education Law which provides that an
absentee ballot shall not be canvassed
unless it is received in the office of the
district clerk “not later than five pm on the
day of the election.”
• Postal card and brochure were both
informational in nature.
(c) 2018 NYS School Boards
Association, Inc. 31• Petitioner claimed that the board member, at a
school basketball game, improperly interjected
into the conversation to argue for voting in
favor of the proposition.
• “Individual board members are entitled to
express their views about issues concerning the
district and engage in partisan activity, provided
school district funds are not used.”
Signs
• Appeal of Herloski (17,361): Signs included the
slogans: “Supporting Our Public Schools” and
“ACT for Education” (the ACT4ED sign), and
contained a URL for the website:
ACTforEducation.org.
• Building principals in the district ordered the
ACT4ED signs in April of 2017 and placed
them at various public schools throughout the
district.
(c) 2018 NYS School Boards
Association, Inc. 32• Petitioner’s position was that the district’s purchase and
display of the signs constituted improper use of district
funds to advocate a partisan position.
• “although the ACT4ED signs were placed in close
physical and temporal proximity to the May 2017
budget vote, the signs convey facially neutral
information and did not constitute improper partisan
activity under the circumstances.”
• However, in the future the signs should be displayed in
a time and manner which does not suggest improper
advocacy for the school budget
Voting at District Elections
(c) 2018 NYS School Boards
Association, Inc. 33Qualified Voters
• Age 18
• U.S. Citizen
• Resident for 30 days
• Not otherwise prohibited from voting (ex.
mentally incompetent or convicted felon)
• Owning a home in district does not make owner a
resident (home must be permanent residence)
ELECTION OF SCHOOL
BOARD MEMBERS
(c) 2018 NYS School Boards
Association, Inc. 34Qualifications of Board Members
• Ability to read & write • Not removed from any
• Qualified voter district office in preceding
• Citizen of U.S. year
• At least 18 years old • Cannot reside with another
board member of same
• Not incompetent family
• A resident of district for period • Not current employee of
of 1 year immediately before district
election • Cannot simultaneously hold
incompatible office
Qualifications of Board Members
• School board may not impose additional eligibility
requirements for board office.
• Former employee of school district may serve on
board.
• No prohibition against employment of spouses,
children or other relatives of candidates or board
members.
(c) 2018 NYS School Boards
Association, Inc. 35Nominations
• Specific Seat v. At Large Voting
– Generally nominating petitions are for specific seats
– Voters may adopt proposition to make each
nominee eligible for every vacancy
• Small Cities- board members run at large unless
voters adopt proposition for specific seats
Nominating Petitions
• Must be signed by at least 25 qualified voters or 2% of
number of voters in previous annual election whichever
is greater.
– Small Cities- signed by 100 qualified voters
• Must include candidate’s name, residence and
residences of voters who sign petition.
– If specific seat must identify seat for which candidate is
running (name of incumbent and length of term).
(c) 2018 NYS School Boards
Association, Inc. 36Acceptance of Petitions
• Reject petitions if:
– improperly filed,
– candidate ineligible for office
– unwilling to serve or
– untimely filed
• School board determines if board
candidate is eligible to serve.
Write-in Candidates
• All ballots must have one blank space for
each vacancy on board.
– Do not need to place check mark next to name
written into ballot.
– Minor misspellings should be credited to candidate
unless another resident same or similar name.
– If no candidates or not enough candidates seats
filled by individuals with most write-in votes.
(c) 2018 NYS School Boards
Association, Inc. 37Absentee Ballots
Availability of Absentee Ballots
• Absentee ballot provided to any voter who
cannot vote in person due to:
– Illness
– Physical disability
– Hospitalization
– Incarceration (unless for felony)
– Travel outside area for business, studies or
vacation
(c) 2018 NYS School Boards
Association, Inc. 38Absentee Ballots
• Dual homeownership does not entitle a person to an
absentee ballot- only 1 legal residence.
• Must automatically mail absentee ballot to each voter
whose registration record is marked permanently
disabled (application not required).
• Board of elections must send inspectors to nursing
homes to supervise if 25 or more absentee ballots
requested from home.
Applying for Absentee Ballot
• Information that must be included on absentee ballot
application is set by statute.
• Application must be received at least 7 days before
election if it is to be mailed to voter or the day before
the election if it is to be issued to voter in person.
(c) 2018 NYS School Boards
Association, Inc. 39Issuing Absentee Ballot
• Upon receipt of application, board of
registration or district clerk reviews and
determines if entitled to vote by absentee ballot.
• Board of Registration/District Clerk must make
list of all persons issued an absentee ballot and
have it available for public inspection during
regular office hours of district clerk.
Absentee Ballots in Districts without
Personal Registration
• Qualified voter may request absentee ballot
by signed letter rather than application.
– Letter must be received between 30 and 7
days before election.
– Upon receipt clerk sends both application and
ballot to voter at same time.
– Voter must return both for ballot to be
counted.
(c) 2018 NYS School Boards
Association, Inc. 40Challenging Absentee Ballots
• Any qualified voter may, prior to election, file a written
challenge to person who appears on list of absentee
voters.
– Cannot wait until after election to challenge
• In districts with personal registration cannot
open/count ballots before polls close.
• Candidates and or poll watchers not required to be
present during canvass.
Commissioner Decisions
• Board of Education of the Hilton CSD
(17,091): Petitioner (district) sought an order
annulling the results of a district meeting,
recanvassing the votes, and certifying the final
election results.
• Absentee ballots contained the instructions
including: “Any mark in a voting bubble other
than a complete fill will render the ballot void
(emphasis in original).”
(c) 2018 NYS School Boards
Association, Inc. 41The scan ballots were
counted as follows:
• Pickering – 941 • Malsegna – 503
• Hilburger – 969 • Hudson – 662
• Byer – 670 • Cutrona – 579
• Ames – 660
Write in votes on the scan
ballots : Affidavit ballots:
• Pickering – 2 • Pickering – 5
• Ames – 3 • Hilburger – 4
• Malsegna – 3 • Byer – 4
• Hudson – 1 • Ames – 1
• Cutrona – 3 • Malsegna – 2
• Hudson – 4
• Cutrona – 2
(c) 2018 NYS School Boards
Association, Inc. 42• Absentee Ballots: 38 absentee ballots
received, 4 were not counted because they
were returned unsigned. Of the remaining
34, seven were excluded because they had
been marked incorrectly. Specifically, the
voters did not completely fill in the
bubbles next to the candidates’ pre-printed
names.
Final tally on the night of 5/17/16:
• Hilburger – 991
• Pickering – 964
• Byer – 683
• Ames - 682
• Hudson – 672
• Cutrona – 602
• Malsegna – 521
(c) 2018 NYS School Boards
Association, Inc. 43• Assistant superintendent found out that the 7
absentee ballots had been excluded.
• Given that the intent of the voters was
discernible from the markings on each ballot,
the assistant superintendent believed that the
ballots were wrongly excluded.
• Assistant superintendent reopened the ballot
box and counted the 7 previously excluded
ballots.
• Commissioner: District should not have opened
the ballot box. Should have immediately
commenced an appeal for an order directing the
ballot box to be opened.
• “I cannot find that a second count of ballots held
after the discovery of the error and before official
results are declared, is such an irregularity as to
warrant the setting aside of an election.”
• The 7 absentee ballots should have been counted
because the voters’ choice of candidates were
readily discernible.
(c) 2018 NYS School Boards
Association, Inc. 44Lessons from a Mock
Board Meeting
Questions?
• Phone: 518-783-0200 or 800-342-3360
• Email:
• Kimberly.fanniff@nyssba.org
• Jeffrey.mongelli@nyssba.org
(c) 2018 NYS School Boards
Association, Inc. 45Scene I: The Jacksonville Board of Education is a five member board. The board has just gathered in public and the members are casually chatting amongst themselves. The pledge of allegiance has been recited, the public is seated. Let’s join together and watch what unfolds. What actions of the board were problematic? What actions of the board satisfied legal requirements?
2018 DISTRICT CLERK WORKSHOP
NOTES
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Scene II: A motion was made in public session to enter executive session to discuss the status of collective bargaining negotiations between the district and the teachers’ association- the motion unanimously passes. The members are in executive session with the superintendent and district clerk also being present. Ms. Green is attending executive session by videoconferencing. Two other individuals will join the executive session as well. What actions of the board were problematic? What actions of the board satisfied legal requirements?
2018 DISTRICT CLERK WORKSHOP
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Scene III: The board is in public session with four members physically present at the meeting location in the district. A fifth member of the board, Mrs. Green, is videoconferencing from another location. What actions of the board were problematic? What actions of the board satisfied legal requirements?
2018 DISTRICT CLERK WORKSHOP
NOTES
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Scene IV: The board of education has reached the portion of its meeting where it receives comments from the public. After the public comment portion the board moves on to one last agenda item, appointment of a probationary teacher. What actions of the board were problematic? What actions of the board satisfied legal requirements?
2018 DISTRICT CLERK WORKSHOP
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