S T A T E O F N E W Y O R K
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6588
2019-2020 Regular Sessions
I N S E N A T E
June 17, 2019
___________
Introduced by Sens. BROOKS, BOYLE -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT authorizing the commissioner of education, in consultation with
the comptroller to appoint a state monitor to oversee the Wyandanch
union free school district and establishing the powers and duties of
the state monitor; and providing for the repeal of such provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Definitions. For the purposes of this act:
(a) "State monitor" or "monitor" shall mean the person appointed
pursuant to section two of this act, or an interim person appointed to
such position.
(b) "Board" shall mean the board of education of the Wyandanch union
free school district.
(c) "Superintendent" shall mean the superintendent of the Wyandanch
union free school district.
§ 2. Appointment. (a) The commissioner of education shall appoint a
state monitor subject to appropriation, who shall have experience in
school district finance, to provide direct oversight of the fiscal poli-
cies, practices, programs and decisions of the Wyandanch union free
school district, the board of education and the superintendent. The
commissioner of education shall provide the monitor with technical
support and assistance for the purposes of carrying out his or her
duties under this act, if requested by the state monitor. The state
monitor shall serve at the pleasure of the commissioner of education.
(b) The commissioner of education shall have the authority to appoint
a state monitor on an interim basis during the search for a permanent
appointment and in the event of resignation, death, incapacity, or any
other reason which causes the monitor to be unable to perform his or her
duties and until such time as a permanent state monitor is appointed.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11225-06-9
S. 6588 2
Any state monitor appointed on an interim basis shall have the powers
and duties of the state monitor contained in this act.
(c) The state monitor shall be a state employee as defined in the
public officers law, and shall be paid a fixed salary set by the commis-
sioner of education and shall be reimbursed for actual expenses incurred
in the performance of his or her duties including travel and supplies.
The costs associated with the implementation of this act shall be borne
by the state and shall be paid through a state appropriation.
(d) Notwithstanding any other provision of general or special law, the
earnings limitations contained in any such general or special law, local
law and/or charter and applicable to the employment of persons in a
position or positions in public service in any calendar year while
retired and receiving a retirement allowance shall not apply to any
appointment authorized by this act. If applicable, the state monitor may
continue as retired and without loss, suspension or diminution of his or
her retirement allowance provided that such individual is granted a
waiver of retirement earnings limitation by the comptroller.
(e) The monitor shall be a non-voting ex-officio member of the school
board. The monitor shall be an individual who is not a resident or
employee of the school district or a relative of board members of the
Wyandanch union free school district at the time of their appointment.
§ 3. (a) The monitor shall be entitled to attend all meetings of the
board, including executive sessions; provided however, such monitor or
monitors shall not be considered for purposes of establishing a quorum
of the board. The Wyandanch union free school district shall fully coop-
erate with any monitor appointed by the commissioner of education,
including but not limited to providing such monitor or monitors with
access to any necessary documents and records of the district including
access to electronic information systems, databases and planning docu-
ments, consistent with all applicable state and federal statutes includ-
ing but not limited to the Family Educational Rights and Privacy Act
(FERPA) (20 U.S.C. § 1232g) and section 2-d of the education law.
(b) The board, in consultation with the monitor, shall adopt a
conflict of interest policy that complies with all existing applicable
laws and regulations and ensures that its board members act in the
school district's best interest and comply with applicable legal
requirements, including but not limited to:
(i) a definition of the circumstances that constitute a conflict of
interest;
(ii) procedures for disclosing a conflict of interest to the board;
(iii) a requirement that the person with the conflict of interest not
participate in board deliberation or vote on the matter giving rise to
such conflict, provided that nothing in this subdivision shall prohibit
the board from requesting that the person with the conflict of interest
present information as background or answer questions at a board meeting
prior to the commencement of deliberations or voting relating thereto;
(iv) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter giving
rise to such conflict;
(v) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon;
(vi) a board member is not, and in the past two years has not been,
employed by the board; and
(vii) a board member is not, and in the past two years has not been,
employed by an entity that received remuneration valued at more than one
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thousand dollars for goods and services provided to the board or the
school district or received any other form of financial assistance
valued at more than one thousand dollars from the board or the school
district.
§ 4. Financial plan. The financial plan shall be hereinafter known as
the "plan". The financial plan shall contain actions sufficient to
ensure, with respect to the major operating funds for each fiscal year
of the plan, that annual aggregate operating expenses for such fiscal
year shall not exceed annual aggregate operating revenues for such
fiscal year. Each financial plan and financial plan modification shall
provide that the major operating funds of the district will be balanced
in accordance with generally accepted accounting principles. The school
district shall develop the financial plan to be reviewed and approved by
the monitor. The plan may, from time to time, be modified upon the
approval of the monitor. The financial plan shall include statements of
all estimated revenues and of all expenditures and cash flow projections
of the district. Not later than November first, two thousand nineteen,
the district, in consultation with the state monitor shall develop a
proposed financial plan for the two thousand nineteen--two thousand
twenty fiscal year and the four subsequent fiscal years. The financial
plan shall contain actions sufficient to ensure that annual aggregate
operating expenses for such fiscal year shall not exceed annual aggre-
gate operating revenues for such fiscal year and that the major operat-
ing funds of the district will be balanced in accordance with generally
accepted accounting principles. The proposed financial plan shall be
made public, including on the district website, and available at least
three business days before a public hearing is held. The board of educa-
tion of the Wyandanch union free school district shall conduct a public
hearing as soon as practicable after the proposed financial plan is
developed and shall consider the input of the community before adopting
the plan. Once the proposed financial plan has been adopted by the board
of education, such plan shall be submitted to the state monitor for
final approval. Not later than fifteen calendar days after submission to
the monitor, unless the monitor needs additional information to make an
informed decision, the monitor shall approve or disapprove the plan. In
the event the monitor shall disapprove such plan, the monitor shall
promptly thereafter notify the district of its reasons. Within fifteen
calendar days from the receipt of such notification, the district shall
modify the rejected plan. If the plan modification is approved by the
monitor, the board of education shall adopt and implement such plan. If
the plan modification is not approved by the monitor, the monitor shall
impose a plan of his/her own formulation, and the board shall then adopt
and implement such plan. The final financial plan shall be made avail-
able to the public, including on the district website, at least three
business days after adoption.
§ 5. Fiscal and operational oversight by the commissioner of education
and the comptroller. During the effective period of this act the comp-
troller shall undertake an enhanced review of the district budget.
(a) The board of education shall annually submit the school district's
proposed budget for the next succeeding school year to the monitor no
later than 45 days before the date scheduled for the school district's
budget vote. The monitor shall review the proposed budget to ensure
that it is balanced within the context of revenue and expenditure esti-
mates and mandated programs. The monitor shall present its findings to
the board of education no later than 30 days prior to the date scheduled
for the school district's budget vote. The board of education, with the
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approval of the monitor shall make adjustments to the proposed budget
consistent with any recommendations made by the monitor. The school
district shall make available on the district's website: the initial
proposed budget; the monitor's findings; and the final proposed budget
prior to the date of the school district's budget vote.
(b) The district shall provide reports, on a quarterly basis, to the
monitor, and/or at such other times as may be requested by the monitor,
and the district shall annually provide to the commissioner and comp-
troller reports on the fiscal and operational status of the school
district to ensure that it maintains a balanced budget in accordance
with subdivision (a) of this section, including a list of all contracts
that the district entered into throughout the year.
(c) The comptroller shall annually conduct a general fiscal audit of
the Wyandanch union free school district, and the district shall post
the comptroller's audit and the board's response on the district's
website.
(d) The monitor shall have the power to approve or disapprove the
appointment of the superintendent by the board of education. If the
monitor disapproves of the appointment, then the board shall recommend a
new candidate for the monitor to approve or disapprove until an appoint-
ment is approved by the monitor.
(e) The monitor shall have the authority to approve or deny all travel
outside the district.
(f) The monitor shall have authority to approve or deny all contracts
and expenditures of the district, except for collective bargaining
agreements negotiated in accordance with article 14 of the civil service
law.
(g) The monitor shall work with the district's shared decision-making
committee formed in accordance with section 100.11 of the commissioner
of education's regulations in developing any academic plans, district
goals, implementation of district priorities or budgetary recommenda-
tions.
(h) The monitor shall assist in resolving any disputes and conflicts,
included but not limited to, those between the superintendent and the
board of education and among the members of the board of education.
(i) The monitor shall attempt to engage in cost saving measures
including, but not limited to, shared service agreements.
§ 6. This act shall take effect immediately and shall expire June 30,
2024, when upon such date the provisions of this act shall be deemed
repealed.
