S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1578
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 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:
   § 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.
              

                                                            LBD00280-01-1

 A. 1578                             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. 1578                             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.
   § 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.]
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, 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.