Senate Bill text for SB0959

SENATE BILL 959

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Gerald P. Ortiz y Pino

AN ACT

RELATING TO PUBLIC SCHOOLS; PROVIDING CONTINGENT PROCEDURES FOR ELECTING AND APPOINTING MEMBERS OF THE LOCAL SCHOOL BOARD FOR THE ALBUQUERQUE SCHOOL DISTRICT IF A CONSTITUTIONAL AMENDMENT PROVIDING FOR FOUR ELECTED MEMBERS AND THREE APPOINTED MEMBERS IS ADOPTED BY THE PEOPLE AND CONFIRMED BY THE VOTERS OF THE ALBUQUERQUE SCHOOL DISTRICT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ALBUQUERQUE SCHOOL DISTRICT BOARD--ELECTED AND APPOINTED MEMBERS REQUIRED--ELECTION.--

A. No later than July 1, 2011, the local school board for the Albuquerque school district shall, by resolution, divide the district into four single-member districts, which shall be compact, contiguous and as nearly equal in population as practicable.

B. Pursuant to the constitution of New Mexico, on and after March 1, 2013, the local school board for the Albuquerque school district shall consist of four members elected from single-member districts and three members appointed by the mayor of Albuquerque and confirmed by the city council.

C. The elected members shall be chosen by the qualified voters at the regular school district election in February 2013 and shall be elected from the districts established pursuant to Subsection A of this section. The provisions of the School Election Law and the Public School Code shall govern the election and the members elected except that, at the time of issuing the proclamation for the election, the local school board shall, by lot, select two districts from which the board members will be elected for two-year terms and two districts from which the board members will be elected for four-year terms; thereafter, elected board members shall serve terms of four years."

Section 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ALBUQUERQUE SCHOOL DISTRICT BOARD--ELECTED AND APPOINTED MEMBERS REQUIRED--ELECTION.--

A. No later than July 1, 2013, the local school board for the Albuquerque school district shall, by resolution, divide the district into four single-member districts, which shall be compact, contiguous and as nearly equal in population as practicable.

B. Pursuant to the constitution of New Mexico, on and after March 1, 2015, the local school board for the Albuquerque school district shall consist of four members elected from single-member districts and three members appointed by the mayor of Albuquerque and confirmed by the city council.

C. The elected members shall be chosen by the qualified voters at the regular school district election in February 2015 and shall be elected from the districts established pursuant to Subsection A of this section. The provisions of the School Election Law and the Public School Code shall govern the election and the members elected except that, at the time of issuing the proclamation for the election, the local school board shall, by lot, select two districts from which the board members will be elected for two-year terms and two districts from which the board members will be elected for four-year terms; thereafter, elected board members shall serve terms of four years."

Section 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ALBUQUERQUE SCHOOL DISTRICT BOARD--APPOINTED MEMBERS--METHOD OF APPOINTMENT--QUALIFICATIONS.--

A. The appointed members of the local school board for the Albuquerque school district shall be residents of the school district and shall be selected pursuant to the following procedure:

(1) the secretary shall appoint three residents of the school district to an advisory selection committee as follows:

(a) one member shall possess a master's degree in public school finance and have at least five years of experience as a classroom teacher;

(b) one member shall be a parent or guardian of a child who attends a school within the Albuquerque school district; and

(c) one member shall represent the Albuquerque business community and have at least fifteen years of experience with a for-profit business in the Albuquerque school district;

(2) for the initial appointees, the advisory selection committee shall submit fifteen residents of the Albuquerque school district as candidates to the mayor as follows:

(a) five candidates who have master's degrees in public school finance;

(b) five candidates who have classroom teaching experience or school administration experience; and

(c) five candidates who have experience in owning or managing a for-profit business in the Albuquerque school district; and

(3) the mayor shall appoint one member from each of the three groups of names submitted pursuant to Paragraph (2) of this subsection as the initial appointees, subject to confirmation by the city council; the members confirmed by the council shall serve on the local school board.

B. The members shall be appointed for terms of six years, except that in making the initial appointments, the mayor shall appoint one member for a term of two years, one member for a term of four years and one member for a term of six years.

C. Successor members and vacancies shall be appointed pursuant to the provisions of this section, except the advisory selection committee shall submit only five candidates, each having the same qualifications as the member whose term has expired or whose seat is vacant.

D. Appointed members shall be subject to all of the provisions of the Public School Code, except that an appointed member may be removed by the mayor only for cause."

Section 4. CONTINGENCIES.--

A. The provisions of Section 1 of this act are contingent upon:

(1) the adoption by the people of the amendment to Article 12 of the constitution of New Mexico as proposed by Senate Joint Resolution 18 or a similar proposal of the first session of the forty-eighth legislature; and

(2) the adoption, at the 2010 general election, by the voters of the Albuquerque school district of the proposal to have four local school board members elected from single-member districts and three members appointed by the mayor of the city of Albuquerque and confirmed by the city council.

B. The provisions of Section 2 of this act are contingent upon:

(2) the adoption, at the 2012 general election, by the voters of the Albuquerque school district of the proposal to have four local school board members elected from single-member districts and three members appointed by the mayor of the city of Albuquerque and confirmed by the city council.

C. The provisions of Section 3 of this act are contingent upon:

(2) the adoption, at either the 2010 general election or the 2012 general election, by the voters of the Albuquerque school district of the proposal to have four local school board members elected from single-member districts and three members appointed by the mayor of the city of Albuquerque and confirmed by the city council.

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