S T A T E   O F   N E W   Y O R K
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                                   2129
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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:
   §  1-a.  The  opening  paragraph of section 2554 of the education law,
 such section as renumbered by chapter  762  of  the  laws  of  1950,  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 shall  have
 the power and it shall be its duty:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00298-01-9

 A. 2129                             2
 
 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
 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.
   §  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.

 A. 2129                             3
 
   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.
   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.
   §  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.
   § 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.
   § 6. Section 2566 of the education law is amended by adding  four  new
 subdivisions 10, 11, 12 and 13 to read as follows:

 A. 2129                             4
 
   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.
   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.
   § 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

 A. 2129                             5
 
 superintendent  of schools, he shall suffer no reduction of salary or of
 pension prospects while serving  as  such  assistant  superintendent  of
 schools.
   §  8. This act shall take effect July 1, 2019; provided, further, that
 the amendments to the opening paragraph of section 2554 of the education
 law made by section one of this act shall be subject to  the  expiration
 and  reversion of such paragraph pursuant to section 34 of chapter 91 of
 the laws of 2002, as amended, when upon  such  date  the  provisions  of
 section one-a of this act shall take effect.