Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 15, 2010 |
referred to education delivered to assembly passed senate |
Mar 11, 2010 |
advanced to third reading |
Mar 10, 2010 |
2nd report cal. |
Mar 09, 2010 |
1st report cal.228 |
Feb 23, 2010 |
reported and committed to finance |
Jan 06, 2010 |
referred to education |
May 22, 2009 |
referred to education |
Senate Bill S5637
2009-2010 Legislative Session
Provides school districts with flexibility in carrying out their claims auditing function
download bill text pdfSponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 15, 2010
aye (58)- Adams
- Addabbo Jr.
- Alesi
- Aubertine
- Bonacic
- Breslin
- DeFrancisco
- Diaz
- Dilan
- Duane
- Espada
- Farley
- Foley
- Golden
- Griffo
- Hannon
- Hassell-Thompson
- Huntley
- Johnson
- Johnson
- Klein
- Krueger
- Kruger
- LaValle
- Lanza
- Larkin
- Leibell
- Libous
- Little
- Marcellino
- Maziarz
- McDonald
- Montgomery
- Nozzolio
- Onorato
- Oppenheimer
- Padavan
- Parker
- Perkins
- Ranzenhofer
- Robach
- Saland
- Sampson
- Savino
- Schneiderman
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stachowski
- Stavisky
- Stewart-Cousins
- Thompson
- Valesky
- Volker
- Winner
- Young
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Mar 9, 2010 - Finance Committee Vote
S563717Aye8Nay7Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Mar 9, 2010
aye (17)nay (8)
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Feb 23, 2010 - Education Committee Vote
S563717Aye0Nay1Aye with Reservations0Absent1Excused0Abstained-
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Education Committee Vote: Feb 23, 2010
aye (17)aye wr (1)excused (1)
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co-Sponsors
(D, WF) Senate District
(D, WF) Senate District
(D) Senate District
(D, WF) 28th Senate District
(R, C, Ind, WF) Senate District
(D) Senate District
2009-S5637 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8563
- Current Committee:
- Assembly Education
- Law Section:
- Education Law
- Laws Affected:
- Amd Ed L, generally
2009-S5637 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5637 TITLE OF BILL : An act to amend the education law, in relation to providing school districts with flexibility in carrying out their claims auditing function PURPOSE OF THE BILL : The purpose of this bill is to provide school districts with flexibility in carrying out and accommodating the needs of their claims auditing function. Specifically, this bill would authorize common, 'union free, and small city school districts to create the position of deputy claims auditor in the absence of the claims auditor and to allow the big five city school districts to create multiple positions of deputy claims auditors. The deputy claims auditor would be authorized to carry out the responsibilities of the claims auditor in the absence of such auditor. SUMMARY OF THE PROVISIONS OF THE BILL : Section 1 of the bill would amend subdivision 35 of §1604 of the Education Law to provide that a common law school district may adopt, in its discretion, a resolution establishing the office of deputy
claims auditor to act as claims auditor in the absence of the claims auditor. Education Law §1604(35), as amended, would provide that when the trustees of such school district delegate the claims audit function using an inter-municipal cooperative agreement, shared services, as authorized by §1950 of the Education Law, or an independent contractor, the trustees would be responsible for auditing all claims for services from the entity providing such delegated claims auditor, either directly or through a delegation to a different independent entity. Section 2 of the bill would similarly amend subdivision 20-a of § 1709 of the Education Law to provide that a union free school district may adopt, in its discretion, a resolution establishing the office of deputy claims auditor to act as claims auditor in the absence of the claims auditor. Education Law § 1709, as amended, would provide that when the board delegates the claims audit function using an inter-municipal cooperative agreement, shared services, as authorized by § 1950 of the Education Law, or an independent contractor, the board would be responsible for auditing all claims for services from the entity providing such delegated claims auditor, either directly or through a delegation to a different independent entity. Section 3 of the bill would amend paragraph e of subdivision 2 of § 1711 of the Education Law to include deputy claims auditors in the list of persons over which the superintendent of schools of a union free school district has supervision and direction. Section 4 of the bill would amend subdivision 5 of §2503 of the Education Law to include deputy claims auditors in the list of positions over which the board of education of a small city school district has authority to create, abolish, and to fill by appointment. Section 5 of the bill would amend subdivision 5 of section §2508 of the Education Law to include deputy claims auditors in the list of persons over which the superintendent of schools of a small city school district has supervision and direction. Section 6 of the bill would amend subdivision 2 of §2503 of the Education Law to provide that if a small city school district has established the office of deputy claims auditor; the deputy claims auditor may in the absence of the claims auditor approve the disbursement of money by the treasurer of such city school district. Section 2503(2), as amended, would provide that where such district has appointed a claims auditor and deputy claims auditor, no money would be paid out by the treasurer of such school district except upon the warrant of the claims auditor or deputy claims auditor. Section 7 of the bill would amend subdivision 1 of section 2524 to provide that a small city school district may present an itemized voucher for a claim to the deputy claims auditor, in addition to the claims auditor, for the deputy claims auditor's audit and allowance of such claim. Section 8 of the bill would amend §2525 of the Education Law to provide that the deputy claims auditor, in the absence of the claims auditor, may consider a disputed claim, which may include taking testimony from the claimant relative to the justness and accuracy of such claim and taking evidence related to such claim, and may endorse such claim. Section 9 would amend §2526 of the Education Law to provide that a small city school district may adopt, in its discretion, a resolution establishing the office of deputy claims auditor to act as claims auditor in the absence of the claims auditor. Education Law §2526, as amended, would provide that when the board of education of such school district delegates the claims audit function using an inter-municipal cooperative agreement, shared services, as authorized by § 1950 of the Education Law, or an independent contractor, the board of education would be responsible for auditing all claims for services from the entity providing such delegated claims auditor, either directly or through a delegation to a different independent entity. Section 10 of the bill would amend §2527 of the Education Law to require a deputy claims auditor appointed to such position in a small city school district to execute an official undertaking prior to taking office, just as the claims auditor is currently required. Section 11 of the bill would amend subdivision 2-a of §2554 of the Education Law to provide that a big city school district may adopt, in its discretion, a resolution establishing one or more offices of deputy claims auditor to act as claims auditor in the absence of the claims auditor. Education Law §2554(2-a), as amended, would provide that when the board of education of such city school district delegates the claims audit function using an inter-municipal cooperative agreement, shared services, as authorized by § 1950 of the Education Law, or an independent contractor, the board of education would be responsible for auditing all claims for services from the entity providing such delegated claims auditor, either directly or through a delegation to a different independent entity. Section 12 of the bill would amend subdivision 2 of §2562 of the Education Law to provide that a person may present a claim for settlement on an account or claim against the board of education of a big five city school district to the deputy claims auditor in the absence of the claims auditor. Accordingly, §2562(2), as amended, would authorize the deputy claims auditor, in the absence of the claims auditor, to take testimony and evidence in considering such a claim. Section 13 of the bill would amend subdivision 6 of §2566 of the Education Law to include deputy claims auditors in the list of persons over which the superintendent of schools of a big city school district has supervision and direction. Section 14 of the bill would amend paragraph a of subdivision 1 of §2576 of the Education Law, which relates to the big four city school districts annual estimates including salaries of school personnel, to include deputy claims auditors' salaries in such estimates. Section 15 of the bill would amend subdivision 2 of §2580 of the Education Law to authorize the deputy claims auditor of a big five city school district to sign an order authorizing the disbursement of money by the treasurer of such school district in the absence of the claims auditor. Section 16 of the bill would authorize the Commissioner of Education to implement any regulations necessary to implement this bill. Section 17 of the bill is the effective date. STATEMENT IN SUPPORT OF THE BILL : In 2005, Chapter 263 of the Laws of 2005 amended the Education Law to establish an internal audit function within each school district. Chapter 263 provided that each school district could, in its own discretion, adopt a resolution creating the office of claims auditor and appoint a claims auditor to hold his or her position subject to the pleasure of the board of education or the trustees of such district. Such claims auditor would be required to report directly to the board of education or the trustees of such school district. Such position would be classified in the exempt class of the civil service. Chapter 263 further provided that a school district could delegate the claims audit function by. using an inter-municipal cooperative agreement, shared services to the extent authorized by § 1950 of the Education Law, or independent contractors, to fulfill such function. Chapter 263 also amended other provisions of the Education law to strengthen and enhance the claims audit function within each school district and accordingly increase financial accountability in each district. This bill would afford school districts with greater flexibility in carrying out their claims audit function by authorizing each district to establish, by resolution, an office of deputy claims auditor to act as the claims auditor in the absence of the claims auditor. The bill would also address a conflict of interest problem that has arisen for school districts that elect to have boards of cooperative educational services (BOCES) or other independent entities serve as their claims auditor. A claims auditor must conduct an independent review of the claims submitted to the school district and needs to avoid situations that may involve a conflict of interest. Accordingly, where a BOCES or other independent entity is delegated authority to carry out the claims audit function, the employees of that BOCES or other independent entity should not be auditing claims under contracts between the school district and that BOCES or other independent entity. For school districts that wish to make use of BOCES to carry out their claims auditing function, as Chapter 253 of the Laws of 2005 permits, particularly districts in rural areas where there are few options for carrying out the claims auditor function through private firms, the need to avoid such a conflict of interest has created some difficult challenges. This hill would clarify that where a hoard of education delegates the claims auditing function to a BOCES or another independent entity, the board of education is responsible for auditing any claims for services from that BOCES or other entity, either directly or by delegating to a different independent entity. This affords school districts with flexibility in how to address the conflict of interest problem, while preserving the core principle of Chapter 253 of the 2005 that the independence of the claims auditor must be maintained so that school district tax dollars are effectively protected. Collectively; the amendments made by this bill would further increase the efficiency and effectiveness of the claims audit function and in turn, enhance the protection of New York State residents' tax dollars. BUDGETARY IMPLICATIONS OF THE BILL : The amendments made by this bill afford school districts with additional options in how they carry. out their claims auditing function and do not impose any new mandates. Accordingly, the bill would not impose any additional costs on school districts or the State. PRIOR LEGISLATIVE HISTORY : This is a new bill. EFFECTIVE DATE : This act would take effect immediately.
2009-S5637 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5637 2009-2010 Regular Sessions I N S E N A T E May 22, 2009 ___________ Introduced by Sen. OPPENHEIMER -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to providing school districts with flexibility in carrying out their claims auditing func- tion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 35 of section 1604 of the education law, as added by chapter 263 of the laws of 2005, is amended to read as follows: 35. a. In their discretion, to adopt a resolution establishing the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of such trustees. IN ITS DISCRETION, THE TRUSTEES MAY ADOPT A RESOLUTION ESTABLISHING THE OFFICE OF DEPUTY CLAIMS AUDITOR WHO SHALL ACT AS CLAIMS AUDITOR IN THE ABSENCE OF THE CLAIMS AUDITOR. Such claims auditor shall report directly to the trustees. No person shall be eligible for appointment to the office of claims auditor OR DEPUTY CLAIMS AUDITOR who shall also be: (1) a trustee of the school district; (2) the clerk or treasurer of the school district; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. Such claims auditor OR DEPUTY CLAIMS AUDITOR shall not be required to be a resident of the district, and the [position] POSITIONS of claims auditor AND DEPUTY CLAIMS AUDITOR shall be classified in the exempt class of the civil service. The trustees, at any time after the estab- lishment of the office of claims auditor OR DEPUTY CLAIMS AUDITOR, may adopt a resolution abolishing such office, whereupon such office shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11732-03-9
S. 5637 2 be abolished. When the office of claims auditor shall have been estab- lished and a claims auditor shall have been appointed and shall have qualified, the powers and duties of the trustees with respect to claims auditing, and allowing or rejecting all accounts, charges, claims or demands against the school district, shall devolve upon and thereafter be exercised by such claims auditor during the continuance of such office. The trustees shall be permitted to delegate the claims audit function TO ONE OR MORE INDEPENDENT ENTITIES by using (1) inter-munici- pal cooperative agreements, (2) shared services to the extent authorized by section nineteen hundred fifty of this title, or (3) independent contractors, to fulfill this function. C. WHEN THE TRUSTEES DELEGATE THE CLAIMS AUDIT FUNCTION USING AN INTER-MUNICIPAL COOPERATIVE AGREEMENT, SHARED SERVICE AUTHORIZED BY SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE, OR AN INDEPENDENT CONTRAC- TOR, THE TRUSTEES SHALL BE RESPONSIBLE FOR AUDITING ALL CLAIMS FOR SERVICES FROM THE ENTITY PROVIDING THE DELEGATED CLAIMS AUDITOR, EITHER DIRECTLY OR THROUGH A DELEGATION TO A DIFFERENT INDEPENDENT ENTITY. S 2. Subdivision 20-a of section 1709 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 20-a. a. In its discretion to adopt a resolution establishing the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of such board of education. IN ITS DISCRETION, THE BOARD OF EDUCATION MAY ADOPT A RESOLUTION ESTABLISH- ING THE OFFICE OF DEPUTY CLAIMS AUDITOR WHO SHALL ACT AS CLAIMS AUDITOR IN THE ABSENCE OF THE CLAIMS AUDITOR. Such claims auditor shall report directly to the board of education. No person shall be eligible for appointment to the office of claims auditor OR DEPUTY CLAIMS AUDITOR who shall also be: (1) a member of the board of education; (2) the clerk or treasurer of the board of education; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. Such claims auditor OR DEPUTY CLAIMS AUDITOR shall not be required to be a resident of the district, and such position shall be classified in the exempt class of the civil service. Such board of education, at any time after the establishment of the office of claims auditor OR DEPUTY CLAIMS AUDITOR, may adopt a resolution abolishing such office, whereupon such office shall be abolished. When the office of claims auditor OR DEPUTY CLAIMS AUDITOR shall have been established and a claims auditor OR DEPUTY CLAIMS AUDITOR shall have been appointed and shall have qualified, the powers and duties of the board of education with respect to claims auditing, allowing or rejecting all accounts, charges, claims or demands against the school district shall devolve upon and thereafter be exercised by such claims auditor, during the continuance of such office. A board shall be permitted to delegate the claims audit function TO ONE OR MORE INDEPENDENT ENTITIES by using (1) inter-municipal cooperative agreements, (2) shared services to the extent authorized by section nineteen hundred fifty of this title, or (3) independent contractors, to fulfill this function. C. WHEN THE BOARD OF EDUCATION DELEGATES THE CLAIMS AUDIT FUNCTION USING AN INTER-MUNICIPAL COOPERATIVE AGREEMENT, SHARED SERVICE AUTHOR- IZED BY SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE, OR AN INDEPENDENT CONTRACTOR, THE BOARD SHALL BE RESPONSIBLE FOR AUDITING ALL CLAIMS FOR S. 5637 3 SERVICES FROM THE ENTITY PROVIDING THE DELEGATED CLAIMS AUDITOR, EITHER DIRECTLY OR THROUGH A DELEGATION TO A DIFFERENT INDEPENDENT ENTITY. S 3. Paragraph e of subdivision 2 of section 1711 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: e. To have supervision and direction of associate, assistant and other superintendents, directors, supervisors, principals, teachers, lectur- ers, medical inspectors, nurses, claims auditors, DEPUTY CLAIMS AUDI- TORS, attendance officers, janitors and other persons employed in the management of the schools or the other educational activities of the district authorized by this chapter and under the direction and manage- ment of the board of education; 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 such board for its consideration and actions; to report to such board violations of regulations and cases of insubordination, and to suspend an associate, assistant or other superintendent, director, supervisor, expert, princi- pal, teacher or other employee until the next regular meeting of such board, when all facts relating to the case shall be submitted to such board for its consideration and action. S 4. Subdivision 5 of section 2503 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 5. Shall create, abolish, maintain and consolidate such positions, divisions, boards or bureaus as, in its judgment, may be necessary for the proper and efficient administration of its work; shall appoint prop- erly qualified persons to fill such positions, including a superinten- dent of schools, such associate, assistant and other superintendents, directors, supervisors, principals, teachers, lecturers, special instructors, medical inspectors, nurses, claims auditors, DEPUTY CLAIMS AUDITORS, attendance officers, secretaries, clerks, custodians, janitors and 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; and shall determine their duties except as otherwise provided herein. S 5. Subdivision 5 of section 2508 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 5. To have supervision and direction of associate, assistant and other superintendents, directors, supervisors, principals, teachers, lectur- ers, medical inspectors, nurses, claims auditors, DEPUTY CLAIMS AUDI- TORS, attendance officers, janitors and other persons employed in the management of the schools or the other educational activities of the district authorized by this chapter and under the direction and manage- ment of the board of education; 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 such board for its consideration and action; to report to such board violations of regulations and cases of insubordination, and to suspend an associate, assistant or other superintendent, director, supervisor, expert, princi- pal, teacher or other employee until the next regular meeting of such board, when all facts relating to the case shall be submitted to such board for its consideration and action. S 6. Subdivision 2 of section 2523 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: S. 5637 4 2. Such moneys shall be disbursed only on the signature of such treas- urer by checks payable to the person or persons entitled thereto. The board of education may in its discretion require that such checks-other than checks for salary, be countersigned by another officer of such district. When authorized by resolution of the board of education such checks may be signed with the facsimile signature of the treasurer and other district officer whose signature is required, as reproduced by a machine or device commonly known as a check-signer. Each check drawn by the treasurer shall state the fund against which it is drawn. No fund shall be overdrawn nor shall any check be drawn upon one fund to pay a claim chargeable to another. No money shall be paid out by the treasurer except upon the warrant of the clerk of the board of education after audit and allowance by such board, or if a claims auditor OR DEPUTY CLAIMS AUDITOR shall have been appointed, except upon the warrant of such claims auditor OR DEPUTY CLAIMS AUDITOR after audit and allowance thereof; provided, however, when provision for payment has been made in the annual budget the treasurer may pay, without such warrant or prior audit and allowance, (a) the principal of and interest on bonds, notes or other evidences of indebtedness of the district or for the payment of which the district shall be liable, and (b) compensation for services of officers or employees engaged at agreed wages by the hour, day, week, month or year upon presentation of a duly certified payroll. By resol- ution duly adopted, the board may determine to enter into a contract to provide for the deposit of the periodic payroll of the school district in a bank or trust company for disbursal by it in accordance with provisions of section ninety-six-b of the banking law. S 7. Subdivision 1 of section 2524 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 1. No claim against a city school district, except for compensation for services of an officer or employee engaged at agreed wages by the hour, day, week, month or year or for the principal of or interest on indebtedness of the district, shall be paid unless an itemized voucher therefor approved by the officer whose action gave rise or origin to the claim, shall have been presented to the board of education, or THE claims auditor OR DEPUTY CLAIMS AUDITOR of the city school district and shall have been audited and allowed. The board of education shall be authorized, but not required, to prescribe the form of such voucher. S 8. Section 2525 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: S 2525. Audit of claims. 1. The board of education, in considering any claim, may require any person presenting the same to be sworn before it or before any member thereof and to give testimony relative to the just- ness and accuracy of such claim, and may take evidence and examine witnesses under oath in respect to the claim, and for that purpose may issue subpoenas for the attendance of witnesses. When a claim has been finally audited by the board of education the clerk of such board shall endorse thereon or attach thereto a certificate of such audit and file the same as a public record in his or her office. When any claim has been so audited and a certificate thereof so filed, the clerk of the board of education shall draw a warrant specifying the name of the claimant, the amount allowed and the fund, function and object chargea- ble therewith and such other information as may be deemed necessary and essential, directed to the treasurer of the district, authorizing and directing him or her to pay to the claimant the amount allowed upon his or her claim. A copy of such warrant shall be filed in the office of the clerk. S. 5637 5 2. In a city school district in which the office of claims auditor OR DEPUTY CLAIMS AUDITOR has been created, the claims auditor OR DEPUTY CLAIMS AUDITOR in considering a claim, may require any person presenting the same to be sworn before him or her and to give testimony relative to the justness and accuracy of such claim, and may take evidence and exam- ine witnesses under oath in respect to the claim, and for that purpose may issue subpoenas for the attendance of witnesses. When a claim has been finally audited by the claims auditor OR DEPUTY CLAIMS AUDITOR he or she shall endorse thereon or attach thereto a certificate of such audit and file the same as a public record in his or her office. When any claim has been so audited and a certificate thereof so filed, the claims auditor OR DEPUTY CLAIMS AUDITOR shall draw a warrant specifying the number of the claim, the name of the claimant, the amount allowed and the fund, function and object chargeable therewith and such other information as may be deemed necessary or essential, directed to the treasurer of the district, authorizing and directing him or her to pay to the claimant the amount allowed upon his or her claim. A copy of such warrant shall be filed in the office of the clerk. S 9. Section 2526 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: S 2526. Claims auditor. 1. The board of education of a city school district may adopt a resolution establishing the office of claims audi- tor and appoint a claims auditor who shall hold his or her position subject to the pleasure of such board of education. IN ITS DISCRETION, THE BOARD MAY ADOPT A RESOLUTION ESTABLISHING THE OFFICE OF DEPUTY CLAIMS AUDITOR WHO SHALL ACT AS CLAIMS AUDITOR IN THE ABSENCE OF THE CLAIMS AUDITOR. Such claims auditor shall report directly to the board of education. No person shall be eligible for appointment to the office of claims auditor OR DEPUTY CLAIMS AUDITOR who shall be: (1) a member of the board of education; (2) the clerk or treasurer of the board of education; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. 1-a. The [position] POSITIONS of claims auditor AND DEPUTY CLAIMS AUDITOR shall be classified in the exempt class of civil service. Such board of education, at any time after the establishment of the office of claims auditor OR DEPUTY CLAIMS AUDITOR, may adopt a resolution abolish- ing such office, whereupon such office shall be abolished. 2. When the office of claims auditor OR DEPUTY CLAIMS AUDITOR shall have been established and a claims auditor OR DEPUTY CLAIMS AUDITOR shall have been appointed and shall have qualified, the powers and duties of the board of education with respect to claims auditing, allow- ing or rejecting all accounts, charges, claims or demands against the city school district shall devolve upon and thereafter be exercised by such claims auditor OR DEPUTY CLAIMS AUDITOR, during the continuance of such office. The board of education shall be permitted to delegate the claims audit function TO ONE OR MORE INDEPENDENT ENTITIES by using (1) inter-municipal cooperative agreements, (2) shared services to the extent authorized by section nineteen hundred fifty of this title, or (3) independent contractors, to fulfill this function. 3. WHEN THE BOARD OF EDUCATION DELEGATES THE CLAIMS AUDIT FUNCTION USING AN INTER-MUNICIPAL COOPERATIVE AGREEMENT, SHARED SERVICE AUTHOR- IZED BY SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE, OR AN INDEPENDENT S. 5637 6 CONTRACTOR, THE BOARD SHALL BE RESPONSIBLE FOR AUDITING ALL CLAIMS FOR SERVICES FROM THE ENTITY PROVIDING THE DELEGATED CLAIMS AUDITOR, EITHER DIRECTLY OR THROUGH A DELEGATION TO A DIFFERENT INDEPENDENT ENTITY. S 10. Section 2527 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: S 2527. Official undertakings. The clerk of the board of education or, where the office of claims auditor OR DEPUTY CLAIMS AUDITOR has been created, the claims auditor OR DEPUTY CLAIMS AUDITOR, and the treasurer, collector and such other officers and employees as the board of educa- tion shall designate, shall, before they enter upon the duties of their respective offices or positions, each execute to the school district and file with the school district clerk an official undertaking in such sum and with such corporate surety as the board of education shall direct and approve. The board of education may, at any time, require any such officer or employee to file a new official undertaking for such sum and with such corporate surety as the board shall approve. Such undertakings as shall have been approved by the board of education shall forthwith be filed with the school district clerk. The expense of any undertaking executed pursuant to this section shall be a school district charge. S 11. Subdivision 2-a of section 2554 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 2-a. a. In its discretion to adopt a resolution establishing the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of the board. IN ITS DISCRETION, THE BOARD MAY ADOPT A RESOLUTION ESTABLISHING ONE OR MORE OFFICES OF DEPUTY CLAIMS AUDITOR WHO SHALL ACT AS CLAIMS AUDITOR IN THE ABSENCE OF THE CLAIMS AUDITOR. Such claims auditor shall report directly to the board of education. No person shall be eligible for appointment to the office of claims auditor OR DEPUTY CLAIMS AUDITOR who shall be (1) a member of the board of education; (2) a clerk or treasurer of the board of education; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. The [position] POSITIONS of claims auditor OR DEPUTY CLAIMS AUDITOR shall be classified in the exempt class of civil service. The board of education, at any time after the establishment of the office of claims auditor OR DEPUTY CLAIMS AUDITOR, may adopt a resolution abolishing the office. When the office of claims auditor OR DEPUTY CLAIMS AUDITOR shall have been established and a claims auditor OR DEPUTY CLAIMS 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 thereafter be exercised by such claims auditor OR DEPU- TY CLAIMS AUDITOR, during the continuance of the office. The board of education shall be permitted to delegate the claims audit function TO ONE OR MORE INDEPENDENT ENTITIES by using (1) inter-municipal cooper- ative agreements, or (2) independent contractors, to fulfill this func- tion. C. WHEN THE BOARD OF EDUCATION DELEGATES THE CLAIMS AUDIT FUNCTION USING AN INTER-MUNICIPAL COOPERATIVE AGREEMENT, SHARED SERVICE AUTHOR- IZED BY SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE, OR AN INDEPENDENT CONTRACTOR, THE BOARD SHALL BE RESPONSIBLE FOR AUDITING ALL CLAIMS FOR S. 5637 7 SERVICES FROM THE ENTITY PROVIDING THE DELEGATED CLAIMS AUDITOR, EITHER DIRECTLY OR THROUGH A DELEGATION TO A DIFFERENT INDEPENDENT ENTITY. S 12. Subdivision 2 of section 2562 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 2. The said board of education may require any person presenting for settlement an account or claim for any cause whatever against it to be sworn before it or a committee thereof, or before the claims auditor OR DEPUTY CLAIMS AUDITOR, or before any person designated by said board, touching such account or claim, and when so sworn, to answer orally as to any facts relative to the justness of such account or claim. A member of the board, the claims auditor OR DEPUTY CLAIMS AUDITOR, or any other person designated as hereinbefore stated, shall have the power to admin- ister an oath to any person who shall give testimony to the justness of such account or claim, and for the purpose of securing such testimony may issue subpoenas for the attendance of witnesses. Wilful false swear- ing before the said board of education, a committee thereof, the claims auditor OR DEPUTY CLAIMS AUDITOR, or before any person designated as hereinbefore stated, is perjury and punishable as such. S 13. Subdivision 6 of section 2566 of the education law, as amended by chapter 263 of the laws of 2005, 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 and Rochester to also appoint, within the amounts budgeted therefor, such associate, assistant and district superinten- dents and all other supervising staff who are excluded from the right to bargain collectively pursuant to article fourteen of the civil service 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 regulations and cases of insubordination, and to suspend an associate, assistant, district or other superintendent, director, supervisor, expert, princi- pal, 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. S 14. Paragraph a of subdivision 1 of section 2576 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: a. The salary of the superintendent of schools, associate, district or assistant or other superintendents, examiners, directors, supervisors, principals, teachers, lecturers, special instructors, claims auditors, DEPUTY CLAIMS AUDITORS, medical inspectors, nurses, attendance officers, clerks, custodians and janitors and the salary, fees or compensation of all other employees appointed or employed by said board of education. In addition, the expenses of personnel utilized to fulfill the internal audit function pursuant to section twenty-one hundred sixteen-b of this chapter. S 15. Subdivision 2 of section 2580 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 2. Such funds shall be disbursed by authority of the board of educa- tion upon written orders drawn on the city treasurer or other fiscal S. 5637 8 officer of the city. Such orders shall be signed by the superintendent of schools and the secretary of the board of education or such other officers as the board may authorize. If a claims auditor OR DEPUTY CLAIMS AUDITOR shall have been appointed, orders shall be signed by [the] SUCH claims auditor; provided, however, that the board may require, in addition, the signature of such other officer or officers as it may by resolution direct. Orders shall be numbered consecutively and shall specify the purpose for which they are drawn and the person or corporation to whom they are payable. S 16. The commissioner of education is authorized to promulgate any regulations necessary to implement the provisions of this act. S 17. This act shall take effect immediately.
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