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Members of the Board of Education shall serve at the pleasure of the Mayor, except that if later there be an elective Board, elected members may be removed as provided by law. Before removing any appointed member from the Board, the Mayor shall, at least ten (10) days before the date of removal, provide written notice to the Board member, with copies to the President of City Council and the Chief Clerk of City Council, that the Mayor intends to remove the member from the Board and providing the reasons therefor, which reasons shall be stated with specificity and demonstrate the member's unfitness to serve.
Notes
317 |
A vacancy in the office of member of the Board of Education shall be filled for the balance of the unexpired term in the same manner in which the member was selected who died or resigned. If a member of the Board is removed from office, the resulting vacancy shall be filled as provided by law.
(a) The Mayor shall appoint an Educational Nominating Panel consisting of thirteen (13) members. Members of the Panel shall be registered voters of the City and shall serve for terms of four years from the dates of their appointment.
(b) Nine members of the Educational Nominating Panel shall be the highest ranking officers of City-wide organizations or institutions which are, respectively:
(1) a labor union council or other organization of unions of workers and employees organized and operated for the benefit of such workers and employees,
(2) a council, chamber, or other organization established for the purpose of general improvement and benefit of commerce and industry,
(3) a public school parent-teachers association,
(4) a community organization of citizens established for the purpose of improvement of public education,
(5) a federation, council, or other organization of non-partisan neighborhood or community associations,
(6) a league, association, or other organization established for the purpose of improvement of human and inter-group relations,
(7) a non-partisan committee, league, council, or other organization established for the purpose of improvement of governmental, political, social, or economic conditions,
(8) a degree-granting institution of higher education whose principal educational facilities are located within Philadelphia, and
(9) a council, association, or other organization dedicated to community planning of health and welfare services or of the physical resources and environment of the City.
(c) In order to represent adequately the entire community, the four other members of the Educational Nominating Panel shall be appointed by the Mayor from the citizenry at large.
(d) In the event no organization as described in one of the clauses (1) through (9) of subsection (b) exists within the City, or in the event there is no such organization any one of whose officers is a registered voter of the City, the Mayor shall appoint the highest ranking officer who is a registered voter of the City from another organization or institution which qualifies under another clause of the subsection.
(e) A vacancy in the office of member of the Educational Nominating Panel shall be filled with the balance of the unexpired term in the same manner in which the member was selected who died, resigned, or was removed.
(f) The Educational Nominating Panel shall elect its own officers and adopt rules of procedure.
(a) The Mayor shall appoint and convene the Educational Nominating Panel (1) as soon as practicable after the Mayor's term of office begins, but not later than February 1 of that year, except that if the General Assembly enacts legislation permitting the election of members of the Board on a non-partisan basis, the Mayor shall appoint and convene the Educational Nominating Panel not later than May twenty-fifth of every odd-numbered year, and (2) whenever a vacancy occurs in the membership of the Board of Education.
(b) The Panel shall within forty (40) days submit to the Mayor three names of qualified persons for every place on the Board of Education which is to be filled. If the Mayor wishes an additional list of names, the Mayor shall so notify the Panel within ten (10) days. Thereupon the Panel shall within ten (10) days send to the Mayor an additional list of three qualified persons for each place to be filled. The Mayor shall within twenty (20) days make an appointment by providing to Council, for its advice and consent, a name from the list or, as provided in the following subsection, certify a nomination from either list for each place to be filled. 318
(c) If the General Assembly of the Commonwealth shall have previously enacted enabling legislation permitting members of the Board of Education to be elected on a non-partisan basis, not later than September fifteenth of the odd-numbered year in which the legislation was enacted or the ensuing odd-numbered year, the Mayor shall select nine names from either one or two lists of 27 names submitted by the Educational Nominating Panel according to the procedure set forth in subsection (b) and, subject to the advice and consent of Council, shall certify those nine names to the county board of elections as the Mayor's nominations for members of the Board of Education. In certifying the names of the nominees to the county board of elections the Mayor shall designate three of the Mayor's nominees as candidates for terms of two years, three for terms of four years and three for terms of six years. The ballots or ballot labels shall not contain any party designation for any of the candidates nominated by the Mayor, and under each name there will be a space permitting the voter to write in the name of any other person. In every instance the Mayor's candidate will be elected if, but only if, the candidate receives more votes than any other candidate whose name is written in. In every subsequent odd-numbered year, three members of the Board shall be nominated by the Mayor from names submitted to the Mayor by the Educational Nominating Panel and elected in the same manner provided by this subsection, and whenever a vacancy occurs the procedure for filling it shall be similar whether the vacancy be filled at a special election proclaimed by the Mayor or at a municipal election. 319
(d) The Educational Nominating Panel shall invite business, civic, professional, labor, and other organizations, as well as individuals, situated or resident within the City to submit for consideration by the Panel the names of persons qualified to serve as members of the Board of Education. The Panel shall take appropriate steps to publicize the invitation and the selection process, including by advertising at least to the same extent as the City is required to advertise invitations to bid on City contracts pursuant to Section 8-200(2) of the Philadelphia Home Rule Charter. 320
(e) Nothing herein provided shall preclude the Panel from recommending and the Mayor from appointing or nominating persons who have previously served on any board of public education other than the Board of Education created by these charter provisions.
Notes
318 | |
319 | Amended by approval of the voters at the election held on May 15, 2018, and certified on June 4, 2018. See Bill No. 171109-A (approved March 23, 2018); Resolution No. 180112 (adopted March 8, 2018). Amended by approval of the voters at the election held on May 17, 2022, and certified on June 6, 2022. See Bill No. 220002 (approved February 25, 2022); Resolution No. 220010 (adopted February 24, 2022). |
320 |
(a) The officers of the Board of Education shall be a President, a Vice-President, a Superintendent of Schools who shall be Secretary and Treasurer of the Board and such other officers as the Board may from time to determine and who shall have such duties as the Board shall prescribe.
(b) The Superintendent of Schools shall attend all meetings of the Board, and may attend all meetings of any Board committees, except those concerned with the Superintendent's own salary, benefits, or tenure. The Superintendent shall have the right to advise on any question or matter under consideration but shall have no right to vote. 321
(c) As Secretary and Treasurer of the Board the Superintendent shall perform such duties pertaining to the business of the District as are required by law or as the Board may direct.
Notes
321 |
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