New York Education Code § 2204

Appointment of district superintendent
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§ 2204. Appointment of district superintendent. 1. The board of\ncooperative educational services of a supervisory district shall meet\nupon the direction of the commissioner of education, at a time and place\ndesignated by the commissioner, for the purpose of appointing a district\nsuperintendent of schools whenever a vacancy in such office shall occur,\nunless the commissioner shall issue an order pursuant to section\ntwenty-two hundred one redistricting the county so as to provide for a\nlesser number of supervisory districts. Such direction shall be filed by\nthe commissioner of education in the office of the clerk of the board of\ncooperative educational services and the commissioner shall also mail a\nnotice of the time and place of such meeting to each member of the board\nof cooperative educational services of the district. If such vacancy\nshall not be filled at such meeting, such meeting may be adjourned to a\nsubsequent date, and the commissioner may appoint a district\nsuperintendent of schools who shall serve until the board of cooperative\neducational services shall fill such vacancy.\n  2. In the appointment of such district superintendent the vote shall\nbe by ballot and the person receiving a majority of all votes cast shall\nbe appointed subject to the approval of the commissioner of education.\nEach member of the board of cooperative educational services shall be\nentitled to one vote in such appointment.\n  3. The clerk of such board shall file a copy of the proceedings of\neach such meeting and each such appointment, certified by himself and\nthe president, in the office of the clerk of the county in which such\nmeeting or appointment takes place and with the commissioner of\neducation within five days after the close thereof.\n  4. Whenever a district superintendent from one supervisory district is\nappointed to be a temporary or acting superintendent in another\nsupervisory district, he or she shall not receive any compensation for\nduties associated with the temporary or acting position.\n

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