|SAME AS||No Same As|
|Amd SS2590-a & 2590-b, Ed L|
|Prohibits the discharge or dismissal of a member of the panel for educational policy without providing such member with a thirty day notice of such discharge or dismissal.|
|03/26/2015||referred to education|
|01/06/2016||referred to education|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6554 SPONSOR: Perry (MS)
TITLE OF BILL: An act to amend the education law, in relation to the panel for educational policy in the city of New York   PURPOSE OR GENERAL IDEA OF BILL: Establishes guidelines relating to the removal, resignation or replace- ment of an appointee on the New York City Panel on Educational Policy.   SUMMARY OF SPECIFIC PROVISIONS: Paragraphs (a) and (b) of subdivision 1 of section 2590-b of the educa- tion law, as added by chapter 91 of the laws of 2002 are amended to require a member of the panel for educational policy be provided with a 30 day notice, by the appointing authority, prior to the effective date of a discharge, dismissal or request for resignation. Said member will retain all obligations and responsibilities of the office until the effective date of discharge, dismissal or resignation.   JUSTIFICATION: The education of New York's children is vital to the success of our state. In our democracy, it is indispensable that education policy that affect the future of our children be shaped in an open process that espouses our democratic principles of checks and balances. On March 15, 2004 New York City Mayor Bloomberg and Staten Island Borough President James P. Molinaro summarily dismissed three panel members during the process of the actual voting on a critical policy issue before the panel. The members were removed because it was disclosed that they would vote against the Mayor's proposal. When the legislature transferred the authority over education policy to the mayor, the Panel for Educational Policy was put in place to provide a "small amount" of check on this new mayoral power. The summary action by the Mayor was an egregious violation of the spirit of the law, since the legislature did not intend to provide for the mayor to administer the authority in such manner. This legislation seeks to prevent the reoccurrence of actions taken on March 15, 2004: the dismissal of panel members to manipulate the outcome of a vote. This bill does not infringe on the mayor's, or any other appointing authority's right to appoint or remove panel members at their discretion and pleasure. It will however, establish an orderly process for the exercise of this power by those with appointing authority.   PRIOR LEGISLATIVE HISTORY: 2013-2014 A4695 2011-2012 A.3201 2009-2010 A.3564 2006-2008 A.5297 2005-2006 A.4058 2003-04 A11094   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the amendments to subdivision 1 of section 2590-b of the education law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith.
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STATE OF NEW YORK ________________________________________________________________________ 6554 2015-2016 Regular Sessions IN ASSEMBLY March 26, 2015 ___________ Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. WRIGHT -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to the panel for educa- tional policy in the city of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 2590-a of the education law, as 2 added by chapter 330 of the laws of 1969, is amended to read as follows: 3 3. City board. The term "city board" shall mean the [ board of educa-4 tion of the city district] panel for educational policy. 5 § 2. Subdivision 1 of section 2590-b of the education law, as amended 6 by chapter 345 of the laws of 2009, is amended to read as follows: 7 1. (a) The board of education of the city school district of the city 8 of New York is hereby continued as the panel for educational policy. 9 Such [ board of education] panel for educational policy shall consist of 10 thirteen appointed members: one member to be appointed by each borough 11 president of the city of New York; and eight members to be appointed by 12 the mayor of the city of New York. The chancellor shall serve as an 13 ex-officio non-voting member of the [ city board] panel for educational 14 policy. The [ city board] panel for educational policy shall elect its 15 own chairperson from among its voting members. All thirteen appointed 16 members shall serve at the pleasure of the appointing authority [ and]. 17 A member shall be provided with a notice of discharge, dismissal or a 18 request for resignation of such member, not less than thirty days prior 19 to the effective date of such action. Notwithstanding such notice, such 20 member shall retain all rights, duties and obligations of membership on 21 such board until such effective date. No member shall [ not] be employed 22 in any capacity by the city of New York, or a subdivision thereof, or 23 the [ city board] panel for educational policy. No appointed member of 24 the [ city board] panel for educational policy shall also be a member, 25 officer, or employee of any public corporation, authority, or commission EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03287-01-5A. 6554 2 1 where the mayor of the city of New York has a majority of the appoint- 2 ments. Each borough president's appointee shall be a resident of the 3 borough for which the borough president appointing him or her was 4 elected and shall be the parent of a child attending a public school 5 within the city school district of the city of New York. Each mayoral 6 appointee shall be a resident of the city and two shall be parents of a 7 child attending a public school within the city district. All parent 8 members shall be eligible to continue to serve on the [ city board] panel 9 for educational policy for two years following the conclusion of their 10 child's attendance at a public school within the city district. Any 11 vacancy shall be filled by appointment by the appropriate appointing 12 authority within ninety days of such vacancy. Notwithstanding any 13 provision of local law, the members of the [ board] panel for educational 14 policy shall not have staff, offices, or vehicles assigned to them or 15 receive compensation for their services, but shall be reimbursed for the 16 actual and necessary expenses incurred by them in the performance of 17 their duties. 18 (b) The [ city board] panel for educational policy shall hold at least 19 one regular public meeting per month. At least one regular public meet- 20 ing shall be held in each borough of the city of New York per year; any 21 additional meetings may be called at the request of the chairperson. The 22 [ city board] panel for educational policy shall consider appropriate 23 public accommodations when selecting a venue so as to maximize partic- 24 ipation by parents and the community. 25 (c) (i) Notice of the time, place and agenda for all [ city board] 26 panel for educational policy regular public meetings shall be publicly 27 provided, including via the city board's official internet web site, and 28 specifically circulated to all community superintendents, community 29 district education councils, community boards, and school based manage- 30 ment teams, at least ten business days in advance of such meeting. 31 (ii) A [ city board] panel for educational policy regular public meet- 32 ing agenda shall be comprised of a list and brief description of the 33 subject matter being considered, identification of all items subject to 34 a [ city board] panel for educational policy vote, and the name, office, 35 address, email address and telephone number of a city district represen- 36 tative, knowledgeable on the agenda, from whom any information may be 37 obtained and to whom written comments may be submitted concerning items 38 on such agenda. 39 (d) The chairperson of the [ city board] panel for educational policy 40 shall ensure that at every regular public meeting there is a sufficient 41 period of time to allow for public comment on any topic on the agenda 42 prior to any [ city board] panel for educational policy vote. 43 (e) Minutes of all [ city board] panel for educational policy regular 44 public meetings shall be made publicly available, including via the 45 [ city board's] panel's official internet website, in a timely manner but 46 no later than the subsequent regular [ city board] panel for educational 47 policy meeting. 48 § 3. This act shall take effect immediately; provided however that the 49 amendments to subdivision 1 of section 2590-b of the education law made 50 by section two of this act shall not affect the expiration of such 51 subdivision and shall be deemed to expire therewith.