S T A T E   O F   N E W   Y O R K
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                                  2486

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

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:

  Section 1. The education law is amended by adding a new section 2554-d
to read as follows:
  S 2554-D. DISSOLUTION AND REORGANIZATION OF THE  YONKERS  CITY  SCHOOL
DISTRICT. 1. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER
GENERAL,  SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE YONKERS CITY SCHOOL
DISTRICT SUPERINTENDENT SHALL DISSOLVE THE CURRENT YONKERS  CITY  SCHOOL
DISTRICT  AND  ORGANIZE A NEW YONKERS CITY SCHOOL DISTRICT IN ACCORDANCE
WITH SECTIONS FIFTEEN HUNDRED FOUR AND  FIFTEEN  HUNDRED  FIVE  OF  THIS
TITLE  IF THE QUALIFIED VOTERS OF THE YONKERS CITY SCHOOL DISTRICT, BY A
MAJORITY VOTE TAKEN AT AN ANNUAL OR SPECIAL MEETING  OF  SUCH  DISTRICT,
SHALL ADOPT A PROPOSITION TO ALLOW THE DISSOLUTION AND REORGANIZATION OF
SUCH  SCHOOL DISTRICT. SUCH ORDER SHALL SPECIFY A DATE ON WHICH THE SAME
SHALL TAKE EFFECT, AND SHALL HAVE THE SAME EFFECT AS AN ORDER MADE BY  A
DISTRICT SUPERINTENDENT DISSOLVING SUCH CITY SCHOOL DISTRICT AND FORMING
A  NEW  DISTRICT THEREFROM. A COPY OF SUCH ORDER SHALL BE FILED WITH THE
CLERK OF THE NEW YONKERS CITY SCHOOL  DISTRICT.  THE  NEW  YONKERS  CITY
SCHOOL DISTRICT SHALL BE INDEPENDENT FROM THE CITY OF YONKERS.
  2.  THE  PROVISIONS  OF SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS
ARTICLE NOTWITHSTANDING, THE BOARD OF EDUCATION IN THE CITY  OF  YONKERS
SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY:
  (A)  TO ESTABLISH POLICIES REGARDING THE CONDUCT AND ACTIVITIES OF THE
SCHOOL DISTRICT WORKFORCE;
  (B) TO REVIEW, APPROVE AND FILE WITH THE MAYOR,  PURSUANT  TO  SECTION
TWENTY-FIVE  HUNDRED  SEVENTY-SIX  OF  THIS ARTICLE, THE ANNUAL ITEMIZED
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.
                                                           LBD02161-01-9
              

A. 2486                             2

DISTRICT, WHICH BUDGET AND CAPITAL PLAN SHALL INCLUDE MULTI-YEAR PROJEC-
TIONS OF REVENUES, EXPENSES, INDEBTEDNESS AND CAPITAL NEEDS;
  (C) TO MAKE APPROPRIATIONS AND INCUR INDEBTEDNESS, CONSISTENT WITH THE
ADOPTED BUDGET AND CAPITAL PLAN;
  (D)  TO  AUTHORIZE  CONTRACTS  FOR GOODS AND SERVICES IN EXCESS OF TWO
HUNDRED FIFTY THOUSAND DOLLARS PER YEAR;
  (E) TO MONITOR THE DISTRICT'S  REVENUES  AND  EXPENSES;  AND,  IN  ITS
DISCRETION, AUDIT THE SAME;
  (F)  TO ADOPT, IN ITS DISCRETION, A RESOLUTION ESTABLISHING THE OFFICE
OF AUDITOR AND APPOINT AN AUDITOR WHO SHALL HOLD SUCH  POSITION  SUBJECT
TO  THE  PLEASURE OF THE BOARD OF EDUCATION. THE AUDITOR SHALL REPORT TO
AND WORK UNDER THE DIRECTION OF THE PRESIDENT OF THE BOARD OF EDUCATION.
NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT TO THE OFFICE OF AUDITOR WHO
SHALL BE A MEMBER OF THE BOARD OF EDUCATION  OR  THE  SUPERINTENDENT  OF
SCHOOLS. NO PERSON APPOINTED TO THE OFFICE OF AUDITOR SHALL SERVE SIMUL-
TANEOUSLY  IN  ANY  OTHER  POSITION OR CAPACITY WITHIN THE DISTRICT. THE
BOARD OF EDUCATION, AT ANY TIME AFTER THE ESTABLISHMENT OF THE OFFICE OF
AUDITOR, MAY ADOPT A RESOLUTION ABOLISHING THE OFFICE. WHEN  THE  OFFICE
OF  AUDITOR  SHALL  HAVE BEEN ESTABLISHED AND AN AUDITOR SHALL HAVE BEEN
APPOINTED AND SHALL HAVE QUALIFIED, THE POWERS AND DUTIES OF  THE  BOARD
OF  EDUCATION,  WITH  RESPECT  TO  AUDITING ACCOUNTS, CHARGES, CLAIMS OR
DEMANDS AGAINST THE CITY SCHOOL DISTRICT SHALL DEVOLVE UPON  AND  THERE-
AFTER BE EXERCISED BY SUCH AUDITOR, SUBJECT TO THE RULES AND REGULATIONS
OF THE BOARD OF EDUCATION, DURING THE CONTINUANCE OF THE OFFICE;
  (G)  TO ASSIGN, IN ITS DISCRETION AND IN FURTHERANCE OF ITS POWERS AND
DUTIES, BY A TWO-THIRDS VOTE OF THE BOARD OF EDUCATION, SUBJECT TO  SUCH
PARAMETERS AND CRITERIA AS IT MAY AUTHORIZE, A COMMITTEE OF THE BOARD OF
EDUCATION OR ONE OR MORE EMPLOYEES, STAFF OR CONTRACTORS OF THE BOARD OF
EDUCATION  TO  SERVE AS AN EXAMINER WITH POWER TO CONDUCT INVESTIGATIONS
AND HEARINGS ON BEHALF OF THE BOARD OF EDUCATION.  EACH  EXAMINER  SHALL
HAVE  THE POWER TO SUBPOENA WITNESSES, ADMINISTER OATHS, AND REQUIRE THE
PRODUCTION OF BOOKS, PAPERS AND OTHER DOCUMENTS AND INFORMATION MATERIAL
TO THE INVESTIGATION OR HEARING. EACH EXAMINER SHALL CONCLUDE AND REPORT
THE RESULT OF ANY SUCH INVESTIGATION OR HEARING TO THE BOARD  OF  EDUCA-
TION  NO  LATER  THAN SIX MONTHS AFTER THE DATE OF AUTHORIZATION OF SUCH
INVESTIGATION OR HEARING;
  (H) TO OVERRIDE, WITHIN THREE WORKDAYS AFTER RECEIVING  A  MESSAGE  OF
VETO,  BY  A  TWO-THIRDS  VOTE  OF THE BOARD OF EDUCATION, VETOES BY THE
SUPERINTENDENT OF SCHOOLS OF ITS ACTS OR RESOLUTIONS; AND
  (I) TO ADOPT SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE
ITS POWERS AND DUTIES.
  3. THE SUPERINTENDENT OF SCHOOLS OF THE CITY OF YONKERS SHALL  POSSESS
THE FOLLOWING POWERS AND BE CHARGED WITH THE FOLLOWING DUTIES:
  (A)  TO  PREPARE  FOR THE BOARD OF EDUCATION'S REVIEW AND APPROVAL THE
ANNUAL ITEMIZED ESTIMATE OF DISTRICT  REVENUES,  EXPENSES,  INDEBTEDNESS
AND  CAPITAL PLAN PURSUANT TO SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX OF
THIS ARTICLE, WHICH BUDGET AND CAPITAL  PLAN  SHALL  INCLUDE  MULTI-YEAR
PROJECTIONS OF REVENUES, EXPENSES, INDEBTEDNESS AND CAPITAL NEEDS AND BE
IN A FORMAT APPROVED BY THE BOARD OF EDUCATION AND MAYOR;
  (B) TO PREPARE AND SUBMIT, IN A FORMAT APPROVED BY THE BOARD OF EDUCA-
TION  AND  MAYOR,  BIMONTHLY  REPORTS  TO THE BOARD OF EDUCATION AND THE
MAYOR SUMMARIZING THE DISTRICT'S ACTUAL REVENUES, EXPENSES, AND  INDEBT-
EDNESS AND CONTRASTING THE SAME WITH THE ANNUAL ESTIMATES;
  (C) TO AUTHORIZE CONTRACTS FOR GOODS AND SERVICES IN AMOUNTS LESS THAN
TWO HUNDRED FIFTY THOUSAND DOLLARS PER YEAR;

A. 2486                             3

  (D)  TO  APPROVE  OR  VETO, WITHIN FIVE WORKDAYS AFTER APPROVAL BY THE
BOARD OF EDUCATION, ALL ACTS OR RESOLUTIONS OF THE BOARD  OF  EDUCATION,
PROVIDED,  HOWEVER THAT THE SUPERINTENDENT SHALL HAVE NO VETO POWER OVER
MATTERS RELATED TO BOARD OF EDUCATION HEARINGS OR INVESTIGATIONS OR  THE
HIRING,  PUNISHMENT, OR DISMISSAL OF THE SUPERINTENDENT OR AS TO MATTERS
WITHIN THE INTERNAL AFFAIRS OF THE BOARD  OF  EDUCATION,  INCLUDING  THE
HIRING,  SUPERVISION  OR  DISMISSAL OF SCHOOL BOARD EMPLOYEES, STAFF, OR
CONTRACTORS; AND
  (E) TO LIAISON WITH AND REPRESENT THE SCHOOL DISTRICT BEFORE ALL OTHER
POLITICAL SUBDIVISIONS, STATE AND FEDERAL OFFICIALS AND AGENCIES.
  S 2. Subdivisions 2 and 3 of section 2553 of  the  education  law,  as
added  by  chapter  242  of  the  laws  of  1974, are amended to read as
follows:
  2. In the city school districts of the cities  of  Rochester,  YONKERS
and  Syracuse  the members of such board of education shall be chosen by
the voters at large at either a general or  municipal  election,  or  at
both.  In the city school district of the city of Buffalo the members of
such board of education shall be chosen pursuant to  the  provisions  of
subdivision ten of this section.
  [3.  In the city school district of the city of Yonkers members of the
board of education shall be appointed from the  city  at  large  by  the
mayor  and  shall be for terms of five years each, to begin on the first
Tuesday in May.]
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the commissioner of  education
is  authorized  to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective date
on or before such date and provided further  that  Yonkers  city  school
district  board  members serving in office on the effective date of this
act may continue in office for the remainder of  their  term,  provided,
however,  that  a vacancy occurring other than by the expiration of term
for such school board members in office  on the effective date  of  this
act shall be filled subject to the provisions of this act.