New York Consolidated Laws, Education Law - EDN § 2204. Appointment of district superintendent

1. The board of cooperative educational services of a supervisory district shall meet upon the direction of the commissioner of education, at a time and place designated by the commissioner, for the purpose of appointing a district superintendent of schools whenever a vacancy in such office shall occur, unless the commissioner shall issue an order pursuant to section twenty-two hundred one redistricting the county so as to provide for a lesser number of supervisory districts.  Such direction shall be filed by the commissioner of education in the office of the clerk of the board of cooperative educational services and the commissioner shall also mail a notice of the time and place of such meeting to each member of the board of cooperative educational services of the district.  If such vacancy shall not be filled at such meeting, such meeting may be adjourned to a subsequent date, and the commissioner may appoint a district superintendent of schools who shall serve until the board of cooperative educational services shall fill such vacancy.

2. In the appointment of such district superintendent the vote shall be by ballot and the person receiving a majority of all votes cast shall be appointed subject to the approval of the commissioner of education.  Each member of the board of cooperative educational services shall be entitled to one vote in such appointment.

3. The clerk of such board shall file a copy of the proceedings of each such meeting and each such appointment, certified by himself and the president, in the office of the clerk of the county in which such meeting or appointment takes place and with the commissioner of education within five days after the close thereof.

4. Whenever a district superintendent from one supervisory district is appointed to be a temporary or acting superintendent in another supervisory district, he or she shall not receive any compensation for duties associated with the temporary or acting position.