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As usual, the “learned” Mr. Best is being disingenuous. There IS a procedure whereby the Chancellor is authorized – by subdivision one of Section 2590-l of the Education Law – to declare the Community School Board to be non-functioning and via a process of “supersession”, to appoint someone (or all of us elected CEC members), as “trustees” for the comparable Community School Board.

Indeed, at one point (circa 2005 – when the District 15 CEC lacked sufficient members to make a quorum – or, in legal language, a minyan), the Chancellor selected three CPAC members as “trustees” so as to conduct a selection process to fill the vacancies.

The text of both versions of subdivision one are as follows:

§ 2590-l. Enforcement of applicable law, regulations and directives;
establishment of appeal board. * 1. (a) If, in the judgment of the
chancellor any community district education council and/or
superintendent fails to comply with any applicable provisions of law,
by-laws, rules or regulations, standards, directives and agreements, he
or she may, in addition to or as an alternative to any other remedies
authorized by this article, including subdivision thirty-one of section
twenty-five hundred ninety-h of this article, issue an order requiring
the community district education council and/or superintendent to cease
its improper conduct or to take required action and consistent with the
provisions of this article and the educational and operational
policies
of the city board, may enforce that order by the use of appropriate
means, including:
(i) supersession of the community district education council and/or
superintendent by the chancellor or one or more trustees appointed by
him who may be, notwithstanding any other provision of law, employees of
the city board with respect to those powers and duties or decisions of
such community district education council and/or superintendent deemed
necessary to ensure compliance with the order; and
(ii) suspension or removal of the community district education council
and/or superintendent or any member or members thereof.
(b) Prior to the enforcement of any order authorized under this
section, the chancellor shall provide an opportunity for conciliation,
except that the chancellor without conciliation may suspend or remove
one or more members of a community district education council or a
community superintendent where the conduct (i) is criminal in nature;
(ii) poses an immediate danger to the safety or welfare of students or
any school staff or employee, or (iii) in the judgment of the
chancellor, is contrary to the best interest of the city school
district.

* NB Effective until June 30, 2009

* 1. (a) If, in the judgment of the chancellor any community board
and/or superintendent fails to comply with any applicable provisions of
law, by-laws, rules or regulations, standards, directives and
agreements, he or she may, in addition to or as an alternative to any
other remedies authorized by this article, including subdivision
thirty-one of section twenty-five hundred ninety-h of this article,
issue
an order requiring the community board and/or superintendent to
cease its improper conduct or to take required action and consistent
with the provisions of this article and the educational and operational
policies of the city board, may enforce that order by the use of
appropriate means, including:
(i) supersession of the community board and/or superintendent by the
chancellor or one or more trustees appointed by him who may be,
notwithstanding any other provision of law, employees of the city board
with respect to those powers and duties or decisions of such community
board and/or superintendent deemed necessary to ensure compliance with
the order; and
(ii) suspension or removal of the community board and/or
superintendent or any member or members thereof.
(b) Prior to the enforcement of any order authorized under this

section, the chancellor shall provide an opportunity for conciliation,
except that the chancellor without conciliation may suspend or remove
one or more members of a community board or a community superintendent
where the conduct (i) is criminal in nature; (ii) poses an immediate
danger to the safety or welfare of students or any school staff or
employee, or (iii) in the judgment of the chancellor, is contrary to the
best interest of the city school district.

* NB Effective June 30, 2009

As the foregoing demonstrates, the only difference I see between the two versions is that one refers to the “community education council” while the other refers to the “community board”. As such, while not REQUIRED to appoint us as Community Board members, the Chancellor certainly has the AUTHORITY to appoint “trustees” with the same powers and responsibilities.
_________
Jim Devor, resident institutional memory and attorney

The Mayor follows the law when he wants to.
The Mayor mocks the law when he wants to.

Does anyone think the State Legislature had July 1st’s Board of Ed meeting in mind when they wrote the sunset provision?

Similarly, and per JD (the JD) above, the Mayor via Chancellor’s Regs could empower the CDEC’s — if he were to so choose, and to the same or greater degree as the CDEC’s were for the last few years.