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Eligibility to serve as a school board member

Eligibility to serve as a school board member
Jackson and City of Long Beach CSD, Decisions of the Commissioner of Education, #14,131

Norman B. Alpren, a member of the Long Beach City School District since 1989, was appointed Commissioner of the Long Beach Auxiliary Police [CAP] in 1994. This was a volunteer position.

Mark Jackson and Scott Abramson challenged Alpren?s continuing to serve as a member of the school board while simultaneously serving as CAP. They asked the Commissioner of Education to declare Alpren ineligible for the board, citing Section 2502(7) of the Education Law, which forbids holders of city offices , with some exceptions, from being members of school boards. According to their petition, the position of CAP is a ?city office.? Although police officers are exempt and can serve on school boards, the petitioners claimed that the CAP role ?does not fall within the statutory exception of ?policeman? because it does not ?endow police officer status.??

The Commissioner ruled that Alpren could simultaneously serve in both positions, noting that the CAP position was established by the bylaws of the Long Beach Police Department rather than by statute or ordinance and thus Alpren did not hold ?public office? within the meaning of Section 2502(7).
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Full post as published by New York Public Personnel Law on October 14, 2010 (boomark / email).