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§ 467. Salary of commissioner.- Each school commissioner

shall receive an annual salary of one thousand dollars, payable

quarterly on the order of the superintendent out of the free school

fund appropriated for that purpose.

[Con. School Law, tit. V, § 7, rewritten without intended change.]

(Page 23, $ 7.)

$ 468. Superintendent may withhold salary. Whenever the

superintendent is satisfied that a school commissioner has per

sistently neglected to perform his duties, he may withhold his

order for the payment of the whole or any part of such commis

sioner's salary as it shall become due, and the salary so withheld

shall be forfeited; but the superintendent may remit the for

feiture, in whole or in part.

[Con. School Law, tit. V, $ 10, rewritten without intended change.]

(Page 23, $ 10.)

§ 469. Increase of salary.- The salary of a school commissioner

may be increased beyond the amount payable to him from the

free school fund as herein provided;

1. If the commissioner's district embraces an entire county, by

the board of supervisors thereof.

2. If the district is composed of less than an entire county, by

a majority of the supervisors residing in such district, on filing

with the clerk of the board of supervisors a certificate fixing the The amount of the increase shall annually thereafter be levied

amount of such increase.

by the board on the property of the district.

[Con. School Law, tit. V, § 8, rewritten without intended change.]

(Page 23, $ 8.)

$ 470. Expenses of commissioner.—The board of supervisors

shall annually audit and allow to each commissioner within the

county a fixed sum of at least two hundred dollars for his ex

penses, and shall assess and levy that amount annually by tax

on the towns composing his district.

[Con. School Law, tit. V, § 9, without change of substance.] (Page 23, $ 9.)

$ 471. School commissioner not to engage in certain business.

A school commissioner shall not:

1. Be directly or indirectly engaged in the business of a pub

lisher of school books, maps or charts, or of a bookseller, or in the

manufacture and sale of school apparatus or furniture;

2. Act as agent for an author, publisher or bookseller or dealer

in school books, maps or charts, or manufacturer of or dealer in

any school furniture or apparatus;

3. Directly or indirectly receive any emolument, reward or

promise of reward for his influence in recommending or procuring

the use of any book, map or chart or school apparatus or furni.

ture in any common or union school, or the purchase of any books

for a school library.

[Con. School Law, tit. V, § 12, rewritten without change, except that the provision making a violation of the section a misdemeanor is omitted, being now sufficiently covered by the Penal Code, $ 155. The provision giving the superintendent of public instruction the power to remove such commissioner is included in 488 of revision.]

(Page 21, $ 12.)

ARTICLE XVIII.

DEPARTMENT OF PUBLIC INSTRUCTION.

Section 480. Department of public instruction continued.

481. Superintendent; election and term.

482. Deputy superintendents.

483. Clerks and employes.

484. Official seal.

485. Copies of papers evidence.

486. General duties of superintendent.

487. Annual report.

488. Removal by superintendent.

489. Appeal to superintendent.

490. Who may appeal.

491. Time for appeal.

492. Notice of appeal.

493. Powers of superintendent.

494. Hearing and decision of appeal.

495. Decision on appeal not reviewable.

496. Other matters may be reviewed.

497. Record of appeals.

498. Salary of superintendent and deputy.

[General note.-Few changes have been made in the law relating to this department, or in relation to the duties of the superin. tendent of public instruction. The term of office has been extended for the reason that it is thought that better administration can be effected by a longer term than by subjecting the head of this great department to frequent changes. The general powers of the department are substantially the same as under existing law, but some modifications have been made which seemed neces. sary in order to produce clearness of statement.]

§ 480. Department of Public Instruction continued.-The De

partment of Public Instruction is continued. Its affairs shall be

managed and its powers exercised by the state superintendent.

Its office shall be in the Capitol in rooms which shall be assigned

and furnished by the trustees of public buildings. The Depart

ment of Public Instruction has general supervision of the com

mon schools.

[Con. School Law, tit. I, 2, in part, but mostly new.] (Page 5, $ 2.)

§ 481. Superintendent; election and term.-The office of state

superintendent of public instruction is continued. The term of

office shall be four years, commencing on the first day of July

next following his election. A superintendent shall be elected by

a viva voce vote of the senate and assembly on the second Wed

nesday of February next preceding the expiration of a term.

[Con. School Law, tit. 1, § 2, rewritten and changed, by providing that the term of the superintendent shall be four years, and also by changing the time when his term shall begin from the seventh day of April to the first of July, so as to correspond with the beginning of the school year. See revision, $ 8. That part of § 2 which prescribes the salary of the superintendent is found in $ 498 of the revision.]

(Page 5, $ 2.)

§ 482. Deputy superintendents.—The superintendent may ap

point a deputy to be known as the first deputy superintendent,

who shall perform such duties as may be required of him by the

superintendent. In case of a vacancy in the office of superin

tendent, the first deputy on qualifying therefor shall become

and be the superintendent for the remainder of the term. The

superintendent may also appoint his chief clerk as second deputy

superintendent, who shall perform such duties as second deputy

as may be required of him by the superintendent. A chief clerk

so appointed second deputy shall not receive any additional com

pensation by reason of such appointment.

[Con. School Law, tit. I, § 3, and L. 1895, chap. 768, consolidated and changed so that upon a vacancy occurring in the office of superintendent the first deputy superintendent becomes the superintendent for the balance of the unexpired term.]

(Pages 56, 153, $$ 3, 1.)

$ 483. Clerks and employees.—The superintendent may appoint

as many clerks and employees as he deems necessary and fix their

compensation, which shall be paid monthly by the state treasurer

on the warrant of the comptroller, and shall not exceed in the

aggregate the sum annually appropriated for that purpose by

the legislature.

[Con. School Law, tit. I, § 4, rewritten without intended change.]

(Page 6, § 4.)

$ 484. Official seal.-The seal of the superintendent in use when

this chapter takes effect shall continue to be his official seal. It

may be renewed whenever necessary.

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