S T A T E   O F   N E W   Y O R K
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                                  1015

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to the board of education
  in the city of Rochester; and to repeal certain provisions of such law
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 2554 of the education law,
as  amended  by  chapter  91  of the laws of 2002, is amended to read as
follows:
  THE BOARD OF EDUCATION IN A CITY SHALL EXERCISE NO EXECUTIVE POWER AND
PERFORM  NO  EXECUTIVE  OR  ADMINISTRATIVE  FUNCTION.  Subject  to   the
provisions of this chapter, the board of education in a city, except the
city board of the city of New York, shall have the power and it shall be
its duty:
  S 2. Subdivision 2 of section 2554 of the education law, as amended by
chapter 27 of the laws of 2012, is amended to read as follows:
  2.  To create, abolish, maintain and consolidate such positions, divi-
sions, boards or bureaus as, in its judgment, may be necessary  for  the
proper  and  efficient  administration  of its work; to appoint a super-
intendent of schools, such  associate,  assistant,  district  and  other
superintendents, [examiners,] directors, supervisors, principals, teach-
ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
tors, attendance officers, secretaries, clerks, custodians, janitors and
other employees and other persons or experts in educational,  social  or
recreational  work  or  in  the  business management or direction of its
affairs as said  board  shall  determine  necessary  for  the  efficient
management  of  the  schools and other educational, social, recreational
and business activities; provided, however,  that  in  the  city  school
districts  of  the cities of Buffalo[, Rochester,] and Syracuse appoint-
ment of associate, assistant and  district  superintendents,  and  other
supervising staff who are excluded from the right to bargain collective-
ly  pursuant  to article fourteen of the civil service law shall, within
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03445-01-3

A. 1015                             2

the amounts budgeted for such positions, be  by  the  superintendent  of
such city school district AND THOSE SO APPOINTED SHALL BE IN THE UNCLAS-
SIFIED  SERVICE  UPON  SUCH  APPOINTMENT  FOR  CIVIL SERVICE AND RELATED
PURPOSES  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, AND IN THE CITY
SCHOOL DISTRICT OF THE  CITY  OF  ROCHESTER  APPOINTMENT  OF  ASSOCIATE,
ASSISTANT,  DISTRICT SUPERINTENDENTS AND OTHER CERTIFIED AND UNCERTIFIED
SUPERVISING STAFF AND RELATED ADMINISTRATIVE STAFF WHO ARE EXCLUDED FROM
THE RIGHT TO BARGAIN COLLECTIVELY PURSUANT TO ARTICLE  FOURTEEN  OF  THE
CIVIL  SERVICE LAW SHALL, WITHIN AMOUNTS BUDGETED FOR SUCH POSITIONS, BE
BY THE  SUPERINTENDENT  OF  SUCH  CITY  SCHOOL  DISTRICT  AND  THOSE  SO
APPOINTED SHALL BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR
CIVIL  SERVICE  AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION
OF LAW; and to determine their duties except as otherwise provided here-
in.
  S 3. Subdivision 2-a of section 2554 of the education law is  REPEALED
and  five  new subdivisions 2-a, 2-b, 28, 29 and 30 are added to read as
follows:
  2-A. IN ITS DISCRETION TO ADOPT A RESOLUTION ESTABLISHING  THE  OFFICE
OF  AUDITOR,  AND  AT  ANY TIME AFTER THE ESTABLISHMENT OF THE OFFICE OF
AUDITOR, TO ADOPT A RESOLUTION ABOLISHING THE OFFICE; PROVIDED, HOWEVER,
THAT THE SCHOOL DISTRICT OF THE CITY OF ROCHESTER SHALL ADOPT  A  RESOL-
UTION  ESTABLISHING  THE  OFFICE  OF AUDITOR, AND SHALL NOT ABOLISH SUCH
OFFICE. A BOARD OF EDUCATION WHICH HAS ESTABLISHED THE OFFICE OF AUDITOR
SHALL APPOINT AN AUDITOR WHO SHALL HOLD SUCH  POSITION  SUBJECT  TO  THE
PLEASURE  OF  THE  BOARD. 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 OR WHO SHALL HOLD ANY  OTHER  POSITION  OR
PERFORM  IN  ANY CAPACITY WITHIN THE SCHOOL DISTRICT. WHEN THE OFFICE OF
AUDITOR SHALL HAVE BEEN ESTABLISHED AND AN AUDITOR 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 THEREAFTER BE EXERCISED BY  SUCH  AUDITOR,  DURING  THE
CONTINUANCE  OF  THE  OFFICE.  THE  AUDITOR SHALL HAVE ACCESS TO AND MAY
DEMAND PRODUCTION OF ANY RECORDS OF THE SCHOOL DISTRICT,  INCLUDING  BUT
NOT LIMITED TO ESTIMATES OF REVENUES, EXPENSES, INDEBTEDNESS AND CAPITAL
NEEDS  AND PLANS, WHETHER IN DRAFT OR FINAL FORM WITH ALL BACK-UP INFOR-
MATION AND WORK PAPERS, AND WHETHER BEFORE OR  AFTER  SUBMISSION  TO  OR
APPROVAL BY THE SCHOOL BOARD.
  2-B.  IN  ITS  DISCRETION  TO ASSIGN AN EXAMINER WITH POWER TO CONDUCT
INVESTIGATIONS AND HEARINGS ON BEHALF OF THE BOARD OF EDUCATION.    EACH
EXAMINER  SHALL  HAVE ACCESS TO AND MAY REQUIRE THE PRODUCTION OF BOOKS,
PAPERS AND OTHER DOCUMENTS  AND  INFORMATION  MATERIAL  RELATED  TO  ANY
INVESTIGATION  OR  HEARING.  EACH EXAMINER SHALL CONCLUDE AND REPORT THE
RESULT OF ANY SUCH INVESTIGATION OR HEARING TO THE BOARD OF EDUCATION NO
LATER THAN SIX MONTHS AFTER THE DATE OF AUTHORIZATION OF  SUCH  INVESTI-
GATION OR HEARING.
  28. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO AUTHORIZE
CONTRACTS FOR GOODS AND SERVICES IN AMOUNTS OF FIFTY THOUSAND DOLLARS OR
MORE.
  29. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, UPON RECEIPT
FROM  THE SUPERINTENDENT, TO REVIEW AND EITHER RETURN TO THE SUPERINTEN-
DENT FOR AMENDMENT OR APPROVE AND  FILE  WITH  THE  MAYOR,  PURSUANT  TO
SECTION  TWENTY-FIVE  HUNDRED  SEVENTY-SIX  OF  THIS ARTICLE, THE ANNUAL
ITEMIZED ESTIMATE AND CAPITAL PLAN FOR THE  DISTRICT.  SUCH  BUDGET  AND
CAPITAL PLAN SHALL INCLUDE MULTI-YEAR PROJECTIONS OF REVENUES, EXPENSES,
INDEBTEDNESS AND CAPITAL NEEDS.

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  30.   IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO DEVELOP
JOINTLY, WITH  THE  SUPERINTENDENT,  POLICIES  AND  PROCEDURES  FOR  THE
HIRING, FIRING AND EVALUATION OF ALL EMPLOYEES OF THE DISTRICT.
  S  4.  Subdivision 3 of section 2565 of the education law, as added by
chapter 302 of the laws of 1980, is amended to read as follows:
  3. Notwithstanding the provisions of subdivisions one and two of  this
section,  the  superintendent  of  schools  of the Rochester city school
district shall serve [at the pleasure of the board of education]  FOR  A
TERM PURSUANT TO A CONTRACT; provided, however, that such term shall, in
no  event,  exceed  a  period of four years. FURTHER, THE SUPERINTENDENT
SHALL NOT BE REMOVED FROM OFFICE EXCEPT UPON THE VOTE OF  TWO-THIRDS  OF
THE MEMBERS OF THE BOARD.
  S 5. Subdivision 6 of section 2566 of the education law, as amended by
chapter 27 of the laws of 2012, is amended to read as follows:
  6. To have supervision and direction of associate, assistant, district
and other superintendents, directors, supervisors, principals, teachers,
lecturers,  medical  inspectors,  nurses, claims auditors, deputy claims
auditors, attendance officers, janitors and other  persons  employed  in
the management of the schools or the other educational activities of the
city  authorized  by this chapter and under the direction and management
of the board of education, except that in the city school  districts  of
the cities of Buffalo[, Rochester,] and Syracuse to also appoint, within
the  amounts  budgeted  therefor, such associate, assistant and district
superintendents and all other supervising staff who  are  excluded  from
the  right  to  bargain collectively pursuant to article fourteen of the
civil service law AND THOSE SO APPOINTED SHALL BE  IN  THE  UNCLASSIFIED
SERVICE  UPON  SUCH  APPOINTMENT  FOR CIVIL SERVICE AND RELATED PURPOSES
NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  AND  IN  THE  CITY  SCHOOL
DISTRICT  OF THE CITY OF ROCHESTER TO ALSO APPOINT, WITHIN AMOUNTS BUDG-
ETED THEREFOR, SUCH ASSOCIATE, ASSISTANT, DISTRICT  SUPERINTENDENTS  AND
ALL OTHER CERTIFIED AND UNCERTIFIED SUPERVISING STAFF AND RELATED ADMIN-
ISTRATIVE  STAFF WHO ARE EXCLUDED FROM THE RIGHT TO BARGAIN COLLECTIVELY
PURSUANT TO ARTICLE FOURTEEN OF THE  CIVIL  SERVICE  LAW  AND  THOSE  SO
APPOINTED SHALL BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR
CIVIL  SERVICE  AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION
OF LAW; to transfer teachers from one school to  another,  or  from  one
grade  of  the  course  of study to another grade in such course, and to
report immediately such transfers to said board  for  its  consideration
and  action;  to  report  to said board of education violations of regu-
lations and cases of  insubordination,  and  to  suspend  an  associate,
assistant,  district  or  other  superintendent,  director,  supervisor,
expert, principal, teacher or other  employee  until  the  next  regular
meeting  of  the  board,  when  all  facts relating to the case shall be
submitted to the board for its consideration and action.
  S 6. Section 2566 of the education law is amended by adding  four  new
subdivisions 10, 11, 12 and 13 to read as follows:
  10.  IN  THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO PREPARE
AND DELIVER TO THE BOARD OF EDUCATION FOR REVIEW AND APPROVAL AN  ANNUAL
ITEMIZED  ESTIMATE AS PROVIDED FOR IN SECTION TWENTY-FIVE HUNDRED SEVEN-
TY-SIX OF THIS ARTICLE AND AN EDUCATIONAL FACILITIES CAPITAL PLAN.  EACH
SUCH ESTIMATE AND CAPITAL PLAN SHALL BE  AT  SUCH  LEVEL  OF  DETAIL  AS
NECESSARY  SO  AS TO ENABLE THE BOARD TO MAKE AN INFORMED REVIEW OF SUCH
ESTIMATE AND CAPITAL. ALSO, EACH SUCH ESTIMATE AND  CAPITAL  PLAN  SHALL
INCLUDE  A FOUR-YEAR PROJECTION OF ESTIMATED REVENUES, EXPENSES, CAPITAL
NEEDS, AND INDEBTEDNESS.

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  11. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER,  TO  PREPARE
AND  SUBMIT  FOR EVERY PERIOD OF TWO MONTHS, IN A FORMAT APPROVED BY THE
BOARD OF EDUCATION AND THE MAYOR, A SUMMARY  OF  THE  DISTRICT'S  ACTUAL
REVENUES,  EXPENSES,  AND  INDEBTEDNESS, AND COMPARING THE SAME WITH THE
ANNUAL ESTIMATE.
  12. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO AUTHORIZE
CONTRACTS  FOR  GOODS  AND  SERVICES IN AMOUNTS LESS THAN FIFTY THOUSAND
DOLLARS.
  13. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER,  TO  DEVELOP
JOINTLY,  WITH  THE  BOARD OF EDUCATION, POLICIES AND PROCEDURES FOR THE
HIRING, FIRING, AND EVALUATION OF ALL EMPLOYEES OF THE DISTRICT.
  S 7. Subdivision 3 of section 2573 of the education law, as amended by
chapter 27 of the laws of 2012, is amended to read as follows:
  3.  Associate  superintendents,  examiners  and  all  other  employees
authorized  by  section  twenty-five hundred fifty-four of this article,
except as otherwise provided in subdivision one of this  section,  shall
be  appointed  by  the board of education except that in the city school
districts of the cities of Buffalo[, Rochester,] and Syracuse, the asso-
ciate, assistant and district superintendents and all other  supervising
staff  who  are excluded from the right to bargain collectively pursuant
to article fourteen of the civil service law shall be appointed,  within
amounts  budgeted  therefor,  by  the superintendent of such city school
district AND THOSE SO APPOINTED SHALL BE  IN  THE  UNCLASSIFIED  SERVICE
UPON  SUCH  APPOINTMENT  FOR CIVIL SERVICE AND RELATED PURPOSES NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, AND IN THE CITY SCHOOL DISTRICT  OF
THE CITY OF ROCHESTER THE ASSOCIATE, ASSISTANT, DISTRICT SUPERINTENDENTS
AND  ALL  OTHER  CERTIFIED AND UNCERTIFIED SUPERVISING STAFF AND RELATED
ADMINISTRATIVE STAFF WHO ARE EXCLUDED FROM THE RIGHT TO BARGAIN  COLLEC-
TIVELY  PURSUANT  TO  ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW SHALL BE
APPOINTED, WITHIN AMOUNTS BUDGETED THEREFOR, BY  THE  SUPERINTENDENT  OF
SUCH CITY SCHOOL DISTRICT AND THOSE SO APPOINTED SHALL BE IN THE UNCLAS-
SIFIED  SERVICE  UPON  SUCH  APPOINTMENT  FOR  CIVIL SERVICE AND RELATED
PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW.  In a city having a
population of one million or more, such appointments shall  be  made  on
nomination  of  the superintendent of schools. Notwithstanding any other
provision in this chapter to the contrary, whenever an associate  super-
intendent  of  schools in the employ of the board of education in a city
having a population of one million or more fails of reappointment,  said
person  shall  be  immediately  appointed an assistant superintendent of
schools with permanent appointment as said term permanent appointment is
defined in subdivisions four, five and six of this section.  The  salary
of  such  assistant  superintendent  shall be less than the salary of an
associate superintendent, but said  differential  in  salary  shall  not
exceed  ten  per centum of the annual salary of an associate superinten-
dent of schools.  When, however, an associate superintendent of  schools
who  fails  of  reappointment  has to his credit thirty or more years of
city service including ten or more years of service  as  such  associate
superintendent  of schools, he shall suffer no reduction of salary or of
pension prospects while serving  as  such  assistant  superintendent  of
schools.
  S  8.  This act shall take effect immediately; provided, however, that
sections one through seven of this act shall take effect July  1,  2014;
provided,  further,  that  the  amendments  to  the opening paragraph of
section 2554 of the education law made by section one of this act  shall
not  affect  the  expiration  of  such  paragraph and shall be deemed to
expire therewith.