N.Y. EDN Law § 2565

§ 2565. Superintendent of schools, associate superintendents, board of\nsuperintendents. 1. The superintendent or an associate superintendent\nof schools of a city in office on June eighth, nineteen hundred\nseventeen, shall hold his position for the term for which he was chosen\nand until his successor is chosen. A superintendent or associate\nsuperintendent appointed after such date shall hold his position in a\ncity having a population of two hundred fifty thousand or more for a\nperiod not to exceed four years from the date of his appointment and in\nall cities subject to the pleasure of the board of education, except\nthat in all other cities the superintendent of schools may be appointed\nfor a term of not to exceed five years, provided that the terms or\nprovisions of any employment contract between the superintendent and the\nboard of education relating to an increase in salary, compensation or\nother benefits, shall not be based on or tied to the terms of any\ncontract or collective bargaining agreement that the board of education\nhas or will enter with the teachers or other employees of the school\ndistrict.\n 2. A superintendent or an associate superintendent may vacate his\nposition by filing a written resignation with the board of education.\nNo person shall be eligible to the position of superintendent of\nschools, deputy superintendent of schools, associate superintendent of\nschools, assistant superintendent of schools or other superintendent of\nschools or member of a board of examiners in a city unless he shall\npossess or be entitled to a superintendent's certificate as provided in\nsection three thousand three of this chapter.\n 3. Notwithstanding the provisions of subdivisions one and two of this\nsection, the superintendent of schools of the Rochester city school\ndistrict shall serve at the pleasure of the board of education;\nprovided, however, that such term shall, in no event, exceed a period of\nfour years.\n