S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          457
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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:
    1    Section 1. The opening paragraph of section 2554 of the education law,
    2  as  amended  by  chapter  91  of the laws of 2002, is amended to read as
    3  follows:
    4    THE BOARD OF EDUCATION IN A CITY SHALL EXERCISE NO EXECUTIVE POWER AND
    5  PERFORM  NO  EXECUTIVE  OR  ADMINISTRATIVE  FUNCTION.  Subject  to   the
    6  provisions of this chapter, the board of education in a city, except the
    7  city board of the city of New York, shall have the power and it shall be
    8  its duty:
    9    S 2. Subdivision 2 of section 2554 of the education law, as amended by
   10  chapter 27 of the laws of 2012, is amended to read as follows:
   11    2.  To create, abolish, maintain and consolidate such positions, divi-
   12  sions, boards or bureaus as, in its judgment, may be necessary  for  the
   13  proper  and  efficient  administration  of its work; to appoint a super-
   14  intendent of schools, such  associate,  assistant,  district  and  other
   15  superintendents, [examiners,] directors, supervisors, principals, teach-
   16  ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
   17  tors, attendance officers, secretaries, clerks, custodians, janitors and
   18  other employees and other persons or experts in educational,  social  or
   19  recreational  work  or  in  the  business management or direction of its
   20  affairs as said  board  shall  determine  necessary  for  the  efficient
   21  management  of  the  schools and other educational, social, recreational
   22  and business activities; provided, however,  that  in  the  city  school
   23  districts  of  the cities of Buffalo[, Rochester,] and Syracuse appoint-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02827-01-5
       A. 457                              2
    1  ment of associate, assistant and  district  superintendents,  and  other
    2  supervising staff who are excluded from the right to bargain collective-
    3  ly  pursuant  to article fourteen of the civil service law shall, within
    4  the  amounts  budgeted  for  such positions, be by the superintendent of
    5  such city school district AND THOSE SO APPOINTED SHALL BE IN THE UNCLAS-
    6  SIFIED SERVICE UPON SUCH  APPOINTMENT  FOR  CIVIL  SERVICE  AND  RELATED
    7  PURPOSES  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, AND IN THE CITY
    8  SCHOOL DISTRICT OF THE  CITY  OF  ROCHESTER  APPOINTMENT  OF  ASSOCIATE,
    9  ASSISTANT,  DISTRICT SUPERINTENDENTS AND OTHER CERTIFIED AND UNCERTIFIED
   10  SUPERVISING STAFF AND RELATED ADMINISTRATIVE STAFF WHO ARE EXCLUDED FROM
   11  THE RIGHT TO BARGAIN COLLECTIVELY PURSUANT TO ARTICLE  FOURTEEN  OF  THE
   12  CIVIL  SERVICE LAW SHALL, WITHIN AMOUNTS BUDGETED FOR SUCH POSITIONS, BE
   13  BY THE  SUPERINTENDENT  OF  SUCH  CITY  SCHOOL  DISTRICT  AND  THOSE  SO
   14  APPOINTED SHALL BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR
   15  CIVIL  SERVICE  AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION
   16  OF LAW; and to determine their duties except as otherwise provided here-
   17  in.
   18    S 3. Subdivision 2-a of section 2554 of the education law is  REPEALED
   19  and  five  new subdivisions 2-a, 2-b, 28, 29 and 30 are added to read as
   20  follows:
   21    2-A. IN ITS DISCRETION TO ADOPT A RESOLUTION ESTABLISHING  THE  OFFICE
   22  OF  AUDITOR,  AND  AT  ANY TIME AFTER THE ESTABLISHMENT OF THE OFFICE OF
   23  AUDITOR, TO ADOPT A RESOLUTION ABOLISHING THE OFFICE; PROVIDED, HOWEVER,
   24  THAT THE SCHOOL DISTRICT OF THE CITY OF ROCHESTER SHALL ADOPT  A  RESOL-
   25  UTION  ESTABLISHING  THE  OFFICE  OF AUDITOR, AND SHALL NOT ABOLISH SUCH
   26  OFFICE. A BOARD OF EDUCATION WHICH HAS ESTABLISHED THE OFFICE OF AUDITOR
   27  SHALL APPOINT AN AUDITOR WHO SHALL HOLD SUCH  POSITION  SUBJECT  TO  THE
   28  PLEASURE  OF  THE  BOARD. NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT TO
   29  THE OFFICE OF AUDITOR WHO SHALL BE A MEMBER OF THE BOARD OF EDUCATION OR
   30  THE SUPERINTENDENT OF SCHOOLS OR WHO SHALL HOLD ANY  OTHER  POSITION  OR
   31  PERFORM  IN  ANY CAPACITY WITHIN THE SCHOOL DISTRICT. WHEN THE OFFICE OF
   32  AUDITOR SHALL HAVE BEEN ESTABLISHED AND AN AUDITOR QUALIFIED, THE POWERS
   33  AND DUTIES OF THE BOARD OF EDUCATION WITH RESPECT TO AUDITING  ACCOUNTS,
   34  CHARGES,  CLAIMS  OR  DEMANDS  AGAINST  THE  CITY  SCHOOL DISTRICT SHALL
   35  DEVOLVE UPON AND THEREAFTER BE EXERCISED BY  SUCH  AUDITOR,  DURING  THE
   36  CONTINUANCE  OF  THE  OFFICE.  THE  AUDITOR SHALL HAVE ACCESS TO AND MAY
   37  DEMAND PRODUCTION OF ANY RECORDS OF THE SCHOOL DISTRICT,  INCLUDING  BUT
   38  NOT LIMITED TO ESTIMATES OF REVENUES, EXPENSES, INDEBTEDNESS AND CAPITAL
   39  NEEDS  AND PLANS, WHETHER IN DRAFT OR FINAL FORM WITH ALL BACK-UP INFOR-
   40  MATION AND WORK PAPERS, AND WHETHER BEFORE OR  AFTER  SUBMISSION  TO  OR
   41  APPROVAL BY THE SCHOOL BOARD.
   42    2-B.  IN  ITS  DISCRETION  TO ASSIGN AN EXAMINER WITH POWER TO CONDUCT
   43  INVESTIGATIONS AND HEARINGS ON BEHALF OF THE BOARD OF EDUCATION.    EACH
   44  EXAMINER  SHALL  HAVE ACCESS TO AND MAY REQUIRE THE PRODUCTION OF BOOKS,
   45  PAPERS AND OTHER DOCUMENTS  AND  INFORMATION  MATERIAL  RELATED  TO  ANY
   46  INVESTIGATION  OR  HEARING.  EACH EXAMINER SHALL CONCLUDE AND REPORT THE
   47  RESULT OF ANY SUCH INVESTIGATION OR HEARING TO THE BOARD OF EDUCATION NO
   48  LATER THAN SIX MONTHS AFTER THE DATE OF AUTHORIZATION OF  SUCH  INVESTI-
   49  GATION OR HEARING.
   50    28. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO AUTHORIZE
   51  CONTRACTS FOR GOODS AND SERVICES IN AMOUNTS OF FIFTY THOUSAND DOLLARS OR
   52  MORE.
   53    29. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, UPON RECEIPT
   54  FROM  THE SUPERINTENDENT, TO REVIEW AND EITHER RETURN TO THE SUPERINTEN-
   55  DENT FOR AMENDMENT OR APPROVE AND  FILE  WITH  THE  MAYOR,  PURSUANT  TO
   56  SECTION  TWENTY-FIVE  HUNDRED  SEVENTY-SIX  OF  THIS ARTICLE, THE ANNUAL
       A. 457                              3
    1  ITEMIZED ESTIMATE AND CAPITAL PLAN FOR THE  DISTRICT.  SUCH  BUDGET  AND
    2  CAPITAL PLAN SHALL INCLUDE MULTI-YEAR PROJECTIONS OF REVENUES, EXPENSES,
    3  INDEBTEDNESS AND CAPITAL NEEDS.
    4    30.   IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO DEVELOP
    5  JOINTLY, WITH  THE  SUPERINTENDENT,  POLICIES  AND  PROCEDURES  FOR  THE
    6  HIRING, FIRING AND EVALUATION OF ALL EMPLOYEES OF THE DISTRICT.
    7    S  4.  Subdivision 3 of section 2565 of the education law, as added by
    8  chapter 302 of the laws of 1980, is amended to read as follows:
    9    3. Notwithstanding the provisions of subdivisions one and two of  this
   10  section,  the  superintendent  of  schools  of the Rochester city school
   11  district shall serve [at the pleasure of the board of education]  FOR  A
   12  TERM PURSUANT TO A CONTRACT; provided, however, that such term shall, in
   13  no  event,  exceed  a  period of four years. FURTHER, THE SUPERINTENDENT
   14  SHALL NOT BE REMOVED FROM OFFICE EXCEPT UPON THE VOTE OF  TWO-THIRDS  OF
   15  THE MEMBERS OF THE BOARD.
   16    S 5. Subdivision 6 of section 2566 of the education law, as amended by
   17  chapter 27 of the laws of 2012, is amended to read as follows:
   18    6. To have supervision and direction of associate, assistant, district
   19  and other superintendents, directors, supervisors, principals, teachers,
   20  lecturers,  medical  inspectors,  nurses, claims auditors, deputy claims
   21  auditors, attendance officers, janitors and other  persons  employed  in
   22  the management of the schools or the other educational activities of the
   23  city  authorized  by this chapter and under the direction and management
   24  of the board of education, except that in the city school  districts  of
   25  the cities of Buffalo[, Rochester,] and Syracuse to also appoint, within
   26  the  amounts  budgeted  therefor, such associate, assistant and district
   27  superintendents and all other supervising staff who  are  excluded  from
   28  the  right  to  bargain collectively pursuant to article fourteen of the
   29  civil service law AND THOSE SO APPOINTED SHALL BE  IN  THE  UNCLASSIFIED
   30  SERVICE  UPON  SUCH  APPOINTMENT  FOR CIVIL SERVICE AND RELATED PURPOSES
   31  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  AND  IN  THE  CITY  SCHOOL
   32  DISTRICT  OF THE CITY OF ROCHESTER TO ALSO APPOINT, WITHIN AMOUNTS BUDG-
   33  ETED THEREFOR, SUCH ASSOCIATE, ASSISTANT, DISTRICT  SUPERINTENDENTS  AND
   34  ALL OTHER CERTIFIED AND UNCERTIFIED SUPERVISING STAFF AND RELATED ADMIN-
   35  ISTRATIVE  STAFF WHO ARE EXCLUDED FROM THE RIGHT TO BARGAIN COLLECTIVELY
   36  PURSUANT TO ARTICLE FOURTEEN OF THE  CIVIL  SERVICE  LAW  AND  THOSE  SO
   37  APPOINTED SHALL BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR
   38  CIVIL  SERVICE  AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION
   39  OF LAW; to transfer teachers from one school to  another,  or  from  one
   40  grade  of  the  course  of study to another grade in such course, and to
   41  report immediately such transfers to said board  for  its  consideration
   42  and  action;  to  report  to said board of education violations of regu-
   43  lations and cases of  insubordination,  and  to  suspend  an  associate,
   44  assistant,  district  or  other  superintendent,  director,  supervisor,
   45  expert, principal, teacher or other  employee  until  the  next  regular
   46  meeting  of  the  board,  when  all  facts relating to the case shall be
   47  submitted to the board for its consideration and action.
   48    S 6. Section 2566 of the education law is amended by adding  four  new
   49  subdivisions 10, 11, 12 and 13 to read as follows:
   50    10.  IN  THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO PREPARE
   51  AND DELIVER TO THE BOARD OF EDUCATION FOR REVIEW AND APPROVAL AN  ANNUAL
   52  ITEMIZED  ESTIMATE AS PROVIDED FOR IN SECTION TWENTY-FIVE HUNDRED SEVEN-
   53  TY-SIX OF THIS ARTICLE AND AN EDUCATIONAL FACILITIES CAPITAL PLAN.  EACH
   54  SUCH ESTIMATE AND CAPITAL PLAN SHALL BE  AT  SUCH  LEVEL  OF  DETAIL  AS
   55  NECESSARY  SO  AS TO ENABLE THE BOARD TO MAKE AN INFORMED REVIEW OF SUCH
   56  ESTIMATE AND CAPITAL. ALSO, EACH SUCH ESTIMATE AND  CAPITAL  PLAN  SHALL
       A. 457                              4
    1  INCLUDE  A FOUR-YEAR PROJECTION OF ESTIMATED REVENUES, EXPENSES, CAPITAL
    2  NEEDS, AND INDEBTEDNESS.
    3    11.  IN  THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO PREPARE
    4  AND SUBMIT FOR EVERY PERIOD OF TWO MONTHS, IN A FORMAT APPROVED  BY  THE
    5  BOARD  OF  EDUCATION  AND  THE MAYOR, A SUMMARY OF THE DISTRICT'S ACTUAL
    6  REVENUES, EXPENSES, AND INDEBTEDNESS, AND COMPARING THE  SAME  WITH  THE
    7  ANNUAL ESTIMATE.
    8    12. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO AUTHORIZE
    9  CONTRACTS  FOR  GOODS  AND  SERVICES IN AMOUNTS LESS THAN FIFTY THOUSAND
   10  DOLLARS.
   11    13. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER,  TO  DEVELOP
   12  JOINTLY,  WITH  THE  BOARD OF EDUCATION, POLICIES AND PROCEDURES FOR THE
   13  HIRING, FIRING, AND EVALUATION OF ALL EMPLOYEES OF THE DISTRICT.
   14    S 7. Subdivision 3 of section 2573 of the education law, as amended by
   15  chapter 27 of the laws of 2012, is amended to read as follows:
   16    3.  Associate  superintendents,  examiners  and  all  other  employees
   17  authorized  by  section  twenty-five hundred fifty-four of this article,
   18  except as otherwise provided in subdivision one of this  section,  shall
   19  be  appointed  by  the board of education except that in the city school
   20  districts of the cities of Buffalo[, Rochester,] and Syracuse, the asso-
   21  ciate, assistant and district superintendents and all other  supervising
   22  staff  who  are excluded from the right to bargain collectively pursuant
   23  to article fourteen of the civil service law shall be appointed,  within
   24  amounts  budgeted  therefor,  by  the superintendent of such city school
   25  district AND THOSE SO APPOINTED SHALL BE  IN  THE  UNCLASSIFIED  SERVICE
   26  UPON  SUCH  APPOINTMENT  FOR CIVIL SERVICE AND RELATED PURPOSES NOTWITH-
   27  STANDING ANY OTHER PROVISION OF LAW, AND IN THE CITY SCHOOL DISTRICT  OF
   28  THE CITY OF ROCHESTER THE ASSOCIATE, ASSISTANT, DISTRICT SUPERINTENDENTS
   29  AND  ALL  OTHER  CERTIFIED AND UNCERTIFIED SUPERVISING STAFF AND RELATED
   30  ADMINISTRATIVE STAFF WHO ARE EXCLUDED FROM THE RIGHT TO BARGAIN  COLLEC-
   31  TIVELY  PURSUANT  TO  ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW SHALL BE
   32  APPOINTED, WITHIN AMOUNTS BUDGETED THEREFOR, BY  THE  SUPERINTENDENT  OF
   33  SUCH CITY SCHOOL DISTRICT AND THOSE SO APPOINTED SHALL BE IN THE UNCLAS-
   34  SIFIED  SERVICE  UPON  SUCH  APPOINTMENT  FOR  CIVIL SERVICE AND RELATED
   35  PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW.  In a city having a
   36  population of one million or more, such appointments shall  be  made  on
   37  nomination  of  the superintendent of schools. Notwithstanding any other
   38  provision in this chapter to the contrary, whenever an associate  super-
   39  intendent  of  schools in the employ of the board of education in a city
   40  having a population of one million or more fails of reappointment,  said
   41  person  shall  be  immediately  appointed an assistant superintendent of
   42  schools with permanent appointment as said term permanent appointment is
   43  defined in subdivisions four, five and six of this section.  The  salary
   44  of  such  assistant  superintendent  shall be less than the salary of an
   45  associate superintendent, but said  differential  in  salary  shall  not
   46  exceed  ten  per centum of the annual salary of an associate superinten-
   47  dent of schools.  When, however, an associate superintendent of  schools
   48  who  fails  of  reappointment  has to his credit thirty or more years of
   49  city service including ten or more years of service  as  such  associate
   50  superintendent  of schools, he shall suffer no reduction of salary or of
   51  pension prospects while serving  as  such  assistant  superintendent  of
   52  schools.
   53    S  8. This act shall take effect July 1, 2016; provided, further, that
   54  the amendments to the opening paragraph of section 2554 of the education
   55  law made by section one of this act shall not affect the  expiration  of
   56  such paragraph and shall be deemed to expire therewith.