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WHEREAS, the "mayoral control" provisions of Article 52-A of the New York State

Education Law have "sunset" and the predecessor version of the law restored; and

WHEREAS, as a result, the legal existence of Community Education Councils has


ceased but, at the request of the Chancellor, the Community Education Council ("CEC")
for District 15 has continued to meet; and

WHEREAS, there are presently no members of the School Board for District 15 which
has replaced the CEC for the District because the requisite election has not been held;
and

WHEREAS, subdivision one of Section 2590-l of the Education Law presently in effect
provides for the "supersession" of a local School Board that is incapable of functioning
and the appointment by the Chancellor of "trustees" to act in place of said School Board;
and

WHEREAS, Section 43 of the New York State Public Officers Law provides: "[i]f a
vacancy shall occur, otherwise than by expiration of term, with no provision of law for
filling the same, if the office be elective, the governor shall appoint a person to execute
the duties thereof until the vacancy shall be filled by an election..."

WHEREAS, the nine Parent Members of the CEC for District 15 were selected among
18 candidates by District 15 PTA Officers in May, 2009 after a "straw vote" in which
parents of over 570 District 15 public school children cast ballots; and

WHEREAS, the parent members of CEC for District 15 stand ready, willing, and able to
act in the capacity of a Community School Board for District 15; and

WHEREAS, our children, schools and members of our school community need
continuity and stability in education policy,

BE IT RESOLVED, that the CEC for District 15 respectfully requests that the Chancellor
appoint our Parent CEC Members as "trustees" for the District Community Board for
District 15 (with the full powers appurtenant thereto) until the vacancies are filled by an
election or the laws changed to replace said Board with another body; and

BE IT FURTHER RESOLVED, in the alternative, should the Chancellor decline to make


the requested appointments, we respectfully request that Governor Paterson exercise his
authority, pursuant to Section 43 of the Public Officers Law, to appoint our Parent CEC
Members to execute the duties of Community School Board members for District 15
until the vacancies are filled by an election or the laws changed to replace the
Community School Board with another body.

Passed unanimously by all those present at a duly called meeting of CEC-15 on: 7/7/09.

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