Allows the Yonkers city school district to become an independent school district; establishes members of the board of education of the city school district of the city of Yonkers shall be elected; establishes powers of superintendent and board of education of the city of Yonkers.
STATE OF NEW YORK
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3714
2013-2014 Regular Sessions
IN ASSEMBLY
January 28, 2013
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to allowing the Yonkers
city school district to become an independent school district
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 2554-d
2 to read as follows:
3 § 2554-d. Dissolution and reorganization of the Yonkers city school
4 district. 1. Notwithstanding the provisions of this chapter or any other
5 general, special, or local law to the contrary, the Yonkers city school
6 district superintendent shall dissolve the current Yonkers city school
7 district and organize a new Yonkers city school district in accordance
8 with sections fifteen hundred four and fifteen hundred five of this
9 title if the qualified voters of the Yonkers city school district, by a
10 majority vote taken at an annual or special meeting of such district,
11 shall adopt a proposition to allow the dissolution and reorganization of
12 such school district. Such order shall specify a date on which the same
13 shall take effect, and shall have the same effect as an order made by a
14 district superintendent dissolving such city school district and forming
15 a new district therefrom. A copy of such order shall be filed with the
16 clerk of the new Yonkers city school district. The new Yonkers city
17 school district shall be independent from the city of Yonkers.
18 2. The provisions of section twenty-five hundred fifty-four of this
19 article notwithstanding, the board of education in the city of Yonkers
20 shall have the power and it shall be its duty:
21 (a) to establish policies regarding the conduct and activities of the
22 school district workforce;
23 (b) to review, approve and file with the mayor, pursuant to section
24 twenty-five hundred seventy-six of this article, the annual itemized
25 estimate of revenues, expenses and indebtedness and capital plan for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07592-01-3
A. 3714 2
1 district, which budget and capital plan shall include multi-year projec-
2 tions of revenues, expenses, indebtedness and capital needs;
3 (c) to make appropriations and incur indebtedness, consistent with the
4 adopted budget and capital plan;
5 (d) to authorize contracts for goods and services in excess of two
6 hundred fifty thousand dollars per year;
7 (e) to monitor the district's revenues and expenses; and, in its
8 discretion, audit the same;
9 (f) to adopt, in its discretion, a resolution establishing the office
10 of auditor and appoint an auditor who shall hold such position subject
11 to the pleasure of the board of education. The auditor shall report to
12 and work under the direction of the president of the board of education.
13 No person shall be eligible for appointment to the office of auditor who
14 shall be a member of the board of education or the superintendent of
15 schools. No person appointed to the office of auditor shall serve simul-
16 taneously in any other position or capacity within the district. The
17 board of education, at any time after the establishment of the office of
18 auditor, may adopt a resolution abolishing the office. When the office
19 of auditor shall have been established and an auditor shall have been
20 appointed and shall have qualified, the powers and duties of the board
21 of education, with respect to auditing accounts, charges, claims or
22 demands against the city school district shall devolve upon and there-
23 after be exercised by such auditor, subject to the rules and regulations
24 of the board of education, during the continuance of the office;
25 (g) to assign, in its discretion and in furtherance of its powers and
26 duties, by a two-thirds vote of the board of education, subject to such
27 parameters and criteria as it may authorize, a committee of the board of
28 education or one or more employees, staff or contractors of the board of
29 education to serve as an examiner with power to conduct investigations
30 and hearings on behalf of the board of education. Each examiner shall
31 have the power to subpoena witnesses, administer oaths, and require the
32 production of books, papers and other documents and information material
33 to the investigation or hearing. Each examiner shall conclude and report
34 the result of any such investigation or hearing to the board of educa-
35 tion no later than six months after the date of authorization of such
36 investigation or hearing;
37 (h) to override, within three workdays after receiving a message of
38 veto, by a two-thirds vote of the board of education, vetoes by the
39 superintendent of schools of its acts or resolutions; and
40 (i) to adopt such rules and regulations as are necessary to effectuate
41 its powers and duties.
42 3. The superintendent of schools of the city of Yonkers shall possess
43 the following powers and be charged with the following duties:
44 (a) to prepare for the board of education's review and approval the
45 annual itemized estimate of district revenues, expenses, indebtedness
46 and capital plan pursuant to section twenty-five hundred seventy-six of
47 this article, which budget and capital plan shall include multi-year
48 projections of revenues, expenses, indebtedness and capital needs and be
49 in a format approved by the board of education and mayor;
50 (b) to prepare and submit, in a format approved by the board of educa-
51 tion and mayor, bimonthly reports to the board of education and the
52 mayor summarizing the district's actual revenues, expenses, and indebt-
53 edness and contrasting the same with the annual estimates;
54 (c) to authorize contracts for goods and services in amounts less than
55 two hundred fifty thousand dollars per year;
A. 3714 3
1 (d) to approve or veto, within five workdays after approval by the
2 board of education, all acts or resolutions of the board of education,
3 provided, however that the superintendent shall have no veto power over
4 matters related to board of education hearings or investigations or the
5 hiring, punishment, or dismissal of the superintendent or as to matters
6 within the internal affairs of the board of education, including the
7 hiring, supervision or dismissal of school board employees, staff, or
8 contractors; and
9 (e) to liaison with and represent the school district before all other
10 political subdivisions, state and federal officials and agencies.
11 § 2. Subdivisions 2 and 3 of section 2553 of the education law, as
12 added by chapter 242 of the laws of 1974, are amended to read as
13 follows:
14 2. In the city school districts of the cities of Rochester, Yonkers
15 and Syracuse the members of such board of education shall be chosen by
16 the voters at large at either a general or municipal election, or at
17 both. In the city school district of the city of Buffalo the members of
18 such board of education shall be chosen pursuant to the provisions of
19 subdivision ten of this section.
20 [3. In the city school district of the city of Yonkers members of the
21 board of education shall be appointed from the city at large by the
22 mayor and shall be for terms of five years each, to begin on the first
23 Tuesday in May.]
24 § 3. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law; provided that the commissioner of education
26 is authorized to promulgate any and all rules and regulations and take
27 any other measures necessary to implement this act on its effective date
28 on or before such date and provided further that Yonkers city school
29 district board members serving in office on the effective date of this
30 act may continue in office for the remainder of their term, provided,
31 however, that a vacancy occurring other than by the expiration of term
32 for such school board members in office on the effective date of this
33 act shall be filled subject to the provisions of this act.
