New Jersey § 52:27bbb-63

§ 52:27bbb-63.

a. The membership of the board of education serving in a school district which is

contiguous with a qualified municipality and which is subject to level II monitoring

or level III monitoring pursuant to section 14 of P.L.1975, c. 212 ( C.18A:7A-14 ) prior to the effective date of P.L.2005, c. 235 shall be increased as set forth in this section in order to ensure the State's and

the municipality's ability to participate in the activities of the board. The membership of the board of education serving in a school district which is contiguous

with a qualified municipality so designated after the effective date of P.L.2005, c. 235 and which is directed to enter partial State intervention pursuant to section 14

of P.L.1975, c. 212 ( C.18A:7A-14 ) shall be increased as set forth in this section in order to ensure the State's and

the municipality's ability to participate in the activities of the board. Board members appointed by the Governor or mayor shall be voting members of the

board and shall have all the rights, powers and privileges of a member of the board. Members appointed by the Governor or mayor shall serve at the pleasure of the Governor

or mayor, as appropriate. Any vacancy in the membership appointed by the Governor or mayor shall be filled

in the same manner as the original appointment, but for the unexpired term only. The first members appointed by the Governor shall serve for a term commencing upon

appointment and qualification and ending three years from the date that the number

of members of the board returns to the number on the board prior to the designation

of the qualified municipality. Members appointed thereafter shall serve for a term of three years as provided in

this section. In order to ensure substantial local representation on any such board, in no case

shall the number of the positions appointed by the mayor and elected by the voters,

combined, constitute less than a majority of the total positions on the board. This section shall not apply to State-operated school districts established pursuant

to P.L.1987, c. 399 ( C.18A:7A-34 et seq. ) prior to the effective date of P.L.2005, c. 235 or a district under full State intervention established pursuant to P.L.1987, c. 399 ( C.18A:7A-34 et seq. ) after the effective date of P.L.2005, c. 235 . 1 b. The membership of a type I board of education in a qualified municipality consisting

of five members shall be temporarily increased to include two additional members to

be appointed by the Governor upon receipt of notification by the Commissioner of Education

pursuant to section 4 of P.L.2002, c. 43 ( C.52:27BBB-4 ) for a term of three years, as set forth in subsection a. of this section. The first two positions on the board, the terms of which expire after the designation

of a qualified municipality, shall be abolished upon expiration of their terms and

shall not be filled by mayoral appointments so that the total membership of the board

returns to five members. The Governor shall continue to make appointments to fill the positions held by the

gubernatorial appointees, when their terms expire or when a vacancy occurs, until

after the tenth year following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, vacancies resulting from the expiration of a term, or for

any other reason, in any position on the board filled by gubernatorial appointment

shall be filled in the same manner as provided before the designation of the qualified

municipality. c. The membership of a type I board of education in a qualified municipality consisting

of seven members shall be temporarily increased to include three additional members

to be appointed by the Governor upon receipt of notification by the Commissioner of

Education pursuant to section 4 of P.L.2002, c. 43 ( C.52:27BBB-4 ) for a term of three years, as set forth in subsection a. of this section. The first three positions on the board, the terms of which expire after the designation

of a qualified municipality, shall be abolished upon expiration of their terms and

shall not be filled by mayoral appointments so that the total membership of the board

returns to seven members. The Governor shall continue to make appointments to fill the positions held by gubernatorial

appointees, when their terms expire or when a vacancy occurs, until after the tenth

year following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, vacancies resulting from the expiration of a term, or for

any other reason, in any position on the board filled by gubernatorial appointment

shall be filled in the same manner as provided before the designation of the qualified

municipality. d. The membership of a type I board of education in a qualified municipality consisting

of nine members shall be temporarily increased to include three additional members

to be appointed by the Governor upon receipt of notification by the Commissioner of

Education pursuant to section 4 of P.L.2002, c. 43 ( C.52:27BBB-4 ) for a term of three years as set forth in subsection a. of this section. The first three positions on the board, the terms of which expire after the designation

of a qualified municipality, shall be abolished upon expiration of their terms and

shall not be filled by mayoral appointments so that the total membership of the board

returns to nine members. The Governor shall continue to make appointments to fill the positions held by gubernatorial

appointees, when their terms expire or when a vacancy occurs, until after the tenth

year following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, vacancies resulting from the expiration of a term, or for

any other reason, in any position on the board filled by gubernatorial appointment

shall be filled in the same manner as provided before the designation of the qualified

municipality. e. The membership of a type II board of education in a qualified municipality consisting

of three members shall be temporarily increased to include one additional member to

be appointed by the Governor upon receipt of notification by the Commissioner of Education

pursuant to section 4 of P.L.2002, c. 43 ( C.52:27BBB-4 ) for a term of three years as set forth in subsection a. of this section. The first position on the board, the term of which expires after the designation

of a qualified municipality, shall be abolished upon expiration of its term and shall

not be filled in the same manner as provided before the designation of the qualified

municipality so that the total membership of the board returns to three members. The Governor shall continue to make appointments to fill the position held by a

gubernatorial appointee when the term expires or when a vacancy occurs, until after

the tenth year following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, a vacancy resulting from the expiration of the term in the

position on the board filled by gubernatorial appointment shall be filled in the same

manner as provided before the designation of the qualified municipality. The second position on the board, the term of which expires after the designation

of a qualified municipality, shall be abolished upon expiration of its term and shall

not be filled in the same manner as provided before the designation of the qualified

municipality. Instead, the vacancy shall be filled by a mayoral appointment as described in subsection

a. of this section so that the total membership of the board remains at three. Mayoral appointees shall serve for a term of three years. The mayor shall continue to make appointments to fill the position held by a mayoral

appointee when the term expires or when a vacancy occurs, until after the tenth year

following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, a vacancy resulting from the expiration of the term in the

position on the board filled by mayoral appointment shall be filled in the same manner

as provided before the designation of the qualified municipality. f. The membership of a type II board of education in a qualified municipality consisting

of five members shall be temporarily increased to include two additional members to

be appointed by the Governor upon receipt of notification by the Commissioner of Education

pursuant to section 4 of P.L.2002, c. 43 ( C.52:27BBB-4 ) for a term of three years as set forth in subsection a. of this section. The first two positions on the board, the terms of which expire after the designation

of a qualified municipality, shall be abolished upon expiration of their terms and

shall not be filled in the same manner as provided before the designation of the qualified

municipality so that the total membership of the board returns to five members. The Governor shall continue to make appointments to fill the positions held by gubernatorial

appointees when the terms expire or when a vacancy occurs, until after the tenth year

following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, vacancies resulting from the expiration of a term in any position

on the board filled by gubernatorial appointment shall be filled in the same manner

as provided before the designation of the qualified municipality. The third position on the board, the term of which expires after the designation of

a qualified municipality, shall be abolished upon expiration of its term and shall

not be filled in the same manner as provided before the designation of the qualified

municipality. Instead, the vacancy shall be filled by a mayoral appointment as described in subsection

a. of this section so that the total membership of the board remains at five. Mayoral appointees shall serve for a term of three years. The mayor shall continue to make appointments to fill the position held by a mayoral

appointee when the term expires or when a vacancy occurs, until after the tenth year

following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, a vacancy resulting from the expiration of the term in the

position on the board filled by mayoral appointment shall be filled in the same manner

as provided before the designation of the qualified municipality. g. The membership of a type II board of education in a qualified municipality consisting

of seven members shall be temporarily increased to include three additional members

to be appointed by the Governor upon receipt of notification by the Commissioner of

Education pursuant to section 4 of P.L.2002, c. 43 ( C.52:27BBB-4 ) for a term of three years as set forth in subsection a. of this section. The first three positions on the board, the terms of which expire after the designation

of a qualified municipality, shall be abolished upon expiration of their terms and

shall not be filled in the same manner as provided before the designation of the qualified

municipality so that the total membership of the board returns to seven members. The Governor shall continue to make appointments to fill the positions held by gubernatorial

appointees when the terms expire or when a vacancy occurs, until after the tenth year

following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, vacancies resulting from the expiration of a term in any position

on the board filled by gubernatorial appointment shall be filled in the same manner

as provided before the designation of the qualified municipality. The fourth and fifth positions on the board, the terms of which expire after the designation

of a qualified municipality, shall be abolished upon expiration of their terms and

shall not be filled in the same manner as provided before the designation of the qualified

municipality. Instead, the vacancies shall be filled by mayoral appointments as described in subsection

a. of this section so that the total membership of the board remains at seven. Mayoral appointees shall serve for a term of three years. The mayor shall continue to make appointments to fill the positions held by mayoral

appointees when the terms expire or when a vacancy occurs, until after the tenth year

following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, vacancies resulting from the expiration of a term in any position

on the board filled by mayoral appointment shall be filled in the same manner as provided

before the designation of the qualified municipality. h. The membership of a type II board of education in a qualified municipality consisting

of nine members shall be temporarily increased to include three additional members

to be appointed by the Governor upon receipt of notification by the Commissioner of

Education pursuant to section 4 of P.L.2002, c. 43 ( C.52:27BBB-4 ) for a term of three years as set forth in subsection a. of this section. The first three positions on the board, the terms of which expire after the designation

of a qualified municipality, shall be abolished upon expiration of their terms and

shall not be filled in the same manner as provided before the designation of the qualified

municipality so that the total membership of the board returns to nine members. The Governor shall continue to make appointments to fill the positions held by gubernatorial

appointees when the terms expire or when a vacancy occurs, until after the tenth year

following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, vacancies resulting from the expiration of a term in any position

on the board filled by gubernatorial appointment shall be filled in the same manner

as provided before the designation of the qualified municipality. The fourth, fifth and sixth positions on the board, the terms of which expire after

the designation of a qualified municipality, shall be abolished upon expiration of

their terms and shall not be filled in the same manner as provided before the designation

of the qualified municipality. Instead, the vacancies shall be filled by mayoral appointment as described in subsection

a. of this section so that the total membership of the board remains at nine. Mayoral appointees shall serve for a term of three years. The mayor shall continue to make appointments to fill the positions held by mayoral

appointees when the terms expire or when a vacancy occurs, until after the tenth year

following the designation of the qualified municipality. Beginning in the first year following the tenth year after the designation of the

qualified municipality, vacancies resulting from the expiration of a term in any position

on the board filled by mayoral appointment shall be filled in the same manner as provided

before the designation of the qualified municipality. i. At all times the board of education and its membership shall comply with the requirements

of the “Open Public Meetings Act,” P.L.1975, c. 231 ( C.10:4-6 et seq. ) and the “School Ethics Act,” P.L.1991, c. 393 ( C.18A:12-21 et seq. ), and meet the requirements and qualifications for board membership established pursuant

to chapter 12 of Title 18A of the New Jersey Statutes. 1

L.2005, c. 235, eff. Sept. 26, 2005