Legislation
SECTION 2212-B
Mandatory withholding of excess salaries and benefits; removal from office for violations of salary and benefit caps
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 45
§ 2212-b. Mandatory withholding of excess salaries and benefits;
removal from office for violations of salary and benefit caps. 1. The
commissioner shall annually review whether district superintendents are
in full compliance with the provisions of subparagraph two of paragraph
a of subdivision four of section nineteen hundred fifty of this title.
It shall be the duty of each such superintendent to report each such
violation.
2. The commissioner shall withhold from the state salary paid to a
district superintendent pursuant to this article twice the value of each
such violation, unless the commissioner determines that the violation
was inadvertent, in which case the commissioner shall withhold the value
of such violation.
3. In addition to the remedy described in subdivision two of this
section, a district superintendent shall be removed from office, and the
office deemed vacated, upon a finding by the commissioner that a
district superintendent has intentionally, knowingly or repeatedly
violated the provisions of subparagraph two of paragraph a of
subdivision four of section nineteen hundred fifty of this title, or has
knowingly failed to report such violation voluntarily pursuant to
subdivision one of this section. Upon such a finding and after affording
the district superintendent the opportunity for a hearing, the
commissioner shall take all necessary steps to remove the district
superintendent from office.
removal from office for violations of salary and benefit caps. 1. The
commissioner shall annually review whether district superintendents are
in full compliance with the provisions of subparagraph two of paragraph
a of subdivision four of section nineteen hundred fifty of this title.
It shall be the duty of each such superintendent to report each such
violation.
2. The commissioner shall withhold from the state salary paid to a
district superintendent pursuant to this article twice the value of each
such violation, unless the commissioner determines that the violation
was inadvertent, in which case the commissioner shall withhold the value
of such violation.
3. In addition to the remedy described in subdivision two of this
section, a district superintendent shall be removed from office, and the
office deemed vacated, upon a finding by the commissioner that a
district superintendent has intentionally, knowingly or repeatedly
violated the provisions of subparagraph two of paragraph a of
subdivision four of section nineteen hundred fifty of this title, or has
knowingly failed to report such violation voluntarily pursuant to
subdivision one of this section. Upon such a finding and after affording
the district superintendent the opportunity for a hearing, the
commissioner shall take all necessary steps to remove the district
superintendent from office.