Board of Education
Financial Filing Requirements
Q: Is filing required of all candidates?A: Yes.Q: Must a candidate who is appointed to a vacant board seat file?A: No, filing is necessary only when an election is involved.Q: With whom must the candidate file?
A: The Clerk of the School District and the Commissioner of Education.
Q: Is there a specific format for filing?A: No, the format is left to the discretion of the candidate.Q: What information must be included in the filing?A: The filing must set forth all monies or other valuable things which he has paid, given, expended or promised or which have been incurred for or on his behalf with his approval by any person, firm, association or corporation for the purpose of aiding in his nomination or election or to defeat any other candidate in the election.Q: Must a candidate file if he incurs little or no personal expenditures and/or if expenditure incurred by others with his approval are minimal?A: Every candidate must file. An itemization is necessary if expenditures exceed $500. When the candidate's only expenditures were for personal expenses which, when taken together with the total expenditures incurred by others on his behalf and with his approval are under $500, a sworn statement must be filed indicating that his election expenditures did not exceed $500.Q: What are personal expenses for the purpose of this law?
A: Expenses directly and personally incurred and paid by the candidate including traveling expense, and expenses incidental thereto, expenses for writing, printing and preparing for transmission letters, circulars, or other publications not issued at regular intervals, setting forth his position or views on public or other questions, and expenses for stationery, postage, telephone, telegraph and other public message services.
Q: What filing is required if expenditures are made by a person or persons on behalf of a candidate without his approval?A: The person or persons making such expenditures without the candidate’s approval must file a sworn statement with the clerk and Commissioner stating that the candidate did not approve such expenditures. Such expenditures are limited to $25 and shall not be included in determining the total expenditures of $500 mentioned above.Q: When must statements be filed?
A: A first statement shall be filed on or before the 30th day next preceding the election. A second statement shall be filed on or before the 5th day next preceding the election. A third statement shall be filed within 20 days next succeeding the election.
Q: How long must statements be kept in the school districts files?A: Three years from the date of filing. These statements constitute public records and must be open to public inspection.Q: Do school districts have any enforcement responsibilities with regard to this law?
A: No, we urge, however, that district officials inform candidates, in advance of each election, of their responsibilities under the law, and that they notify candidates whose statements have not been received when due.
Q: Where should statements be mailed in order to meet the requirements for filing with the Commissioner of Education and the Clerk of the School District?Commissioner of Education James M. Kane, Chief of StaffRoom 876 EBA 801 City HallAlbany, New York 12234 Buffalo, New York 14202Q: To whom may questions regarding Chapter 359 be directed at the State Education Department?Jay O'ConnorEducational Management ServicesRoom 876 EBAAlbany, NY 12234Phone: (518) 474-6541Q: What action may be taken against a candidate who fails to file a statement or if a statement is incorrectly filed?A: The Supreme Court or a Justice thereof, in a proceeding instituted by any candidate voted for at the election or by any five qualified voters, may compel a candidate by order to file a statement or to file a new or supplemental statement which was incorrectly filed originally.