S T A T E   O F   N E W   Y O R K
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                                  6755

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by M. of A. BRENNAN, BARRON, N. RIVERA -- Multi-Sponsored by
  -- M. of A. ABBATE, COOK, P. RIVERA -- read once and referred  to  the
  Committee on Education

AN  ACT  to amend the education law, in relation to establishing a nomi-
  nating panel for appointments by the mayor of the city of New York  to
  the  board  of education, the purchase and delivery of material goods,
  supplies and services by or to  the  chancellor  of  the  city  school
  district of the city of New York; to repeal certain provisions of such
  law  relating  thereto;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of subdivision 1 of section 2590-b of the
education law, as amended by chapter 345 of the laws of 2009, is amended
and a new paragraph (f) is added to read as follows:
  (a) The board of education of the city school district of the city  of
New  York  is hereby continued. Such board of education shall consist of
thirteen appointed members: one member to be appointed by  each  borough
president  of the city of New York; and eight members to be appointed by
the mayor of the city of New York FROM THE LIST PROVIDED BY THE NOMINAT-
ING PANEL AS DESCRIBED IN SECTION TWENTY-FIVE HUNDRED NINETY-V  OF  THIS
ARTICLE.  The  chancellor shall serve as an ex-officio non-voting member
of the city board. The [city] board OF EDUCATION shall  [elect  its  own
chairperson  from  among  its  voting  members] SELECT A BOARD MEMBER TO
SERVE AS CHAIR. All thirteen appointed members shall serve [at the plea-
sure of the appointing authority] A THREE YEAR TERM  and  shall  not  be
employed in any capacity by the city of New York, or a subdivision ther-
eof, or the city board. No appointed member of the city board shall also
be  a member, officer, or employee of any public corporation, authority,
or commission where the mayor of the city of New York has a majority  of
the appointments. Each borough president's appointee shall be a resident

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10221-01-1
              

A. 6755                             2

of the borough for which the borough president appointing him or her was
elected  and  shall  be  the parent of a child attending a public school
within the city school district of the city of New York.   Each  mayoral
appointee  shall be a resident of the city and two shall be parents of a
child attending a public school within the city district.    All  parent
members shall be eligible to continue to serve on the city board for two
years  following  the conclusion of their child's attendance at a public
school within the city district. Any vacancy shall be filled by appoint-
ment by the appropriate appointing authority within ninety days of  such
vacancy.  Notwithstanding any provision of local law, the members of the
board shall not have staff, offices, or vehicles  assigned  to  them  or
receive compensation for their services, but shall be reimbursed for the
actual  and  necessary  expenses  incurred by them in the performance of
their duties.
  (F) THE CITY BOARD MAY APPOINT  A  SECRETARY  WHO  SHALL  PERFORM  THE
FOLLOWING FUNCTIONS:
  (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (II)  RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER CITY BOARD
MEETINGS; AND
  (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS. THE CITY BOARD SHALL  BE  RESPONSIBLE  FOR  THE
APPOINTMENT, SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  S  2.   The education law is amended by adding a new section 2590-v to
read as follows:
  S 2590-V. NOMINATING PANEL. 1.  THERE  SHALL  BE  A  NOMINATING  PANEL
COMPOSED  OF  THIRTEEN  MEMBERS WHOSE SOLE FUNCTION SHALL BE TO NOMINATE
PERSONS FOR CONSIDERATION BY THE MAYOR FOR APPOINTMENT TO THE  BOARD  OF
EDUCATION. REPRESENTATION ON THE PANEL AND THE SELECTION OF SUCH MEMBERS
SHALL  BE  AS FOLLOWS:  THREE MEMBERS SHALL BE SELECTED CITY-WIDE BY THE
COMMUNITY DISTRICT EDUCATION COUNCILS AS A BODY;  ONE  MEMBER  SHALL  BE
SELECTED  BY  THE CITY-WIDE COUNCIL ON HIGH SCHOOLS; ONE MEMBER SHALL BE
SELECTED BY THE CITY-WIDE COUNCIL  ON  SPECIAL  EDUCATION;  ONE  TEACHER
SHALL  BE  SELECTED BY THE UNION REPRESENTING THE TEACHERS; ONE ADMINIS-
TRATOR SHALL BE SELECTED BY THE COUNCIL OF SUPERVISORS  AND  ADMINISTRA-
TORS;  ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY SHALL BE SELECTED BY
THE NEW YORK CITY PARTNERSHIP; ONE MEMBER SHALL BE SELECTED BY THE CHAN-
CELLOR OF THE STATE UNIVERSITY OF NEW YORK WHO SHALL CHOOSE A  PRESIDENT
OF  A  PUBLIC  OR  PRIVATE COLLEGE OR UNIVERSITY WITHIN THE STATE OF NEW
YORK; AND FOUR MEMBERS SHALL BE SELECTED BY THE MAYOR.
  2. THE MEMBERS OF THE NOMINATING PANEL SHALL BE SELECTED FROM TIME  TO
TIME NO LATER THAN SEPTEMBER THIRTIETH AND SHALL SERVE FOR A TERM OF TWO
YEARS,  EXCEPT  AS OTHERWISE PROVIDED IN THIS SECTION. IN THE EVENT THAT
ANY MEMBER DOES NOT COMPLETE HIS OR HER TERM FOR ANY REASON, THE  PERSON
OR  ENTITY  WHO SELECTED SUCH MEMBER SHALL SELECT ANOTHER PERSON IN LIKE
MANNER TO COMPLETE THE UNEXPIRED TERM.
  3. THE NOMINATING PANEL ANNUALLY SHALL FROM AMONG ITS MEMBERSHIP ELECT
A CHAIR WHO SHALL FORTHWITH PUBLISH A LIST OF THE NAMES AND ADDRESSES OF
THE MEMBERS OF THE PANEL ON THE BOARD OF EDUCATION  WEBSITE.  THE  PANEL
SHALL  MEET IN PUBLIC FOR THE SOLE PURPOSE OF DELIBERATING UPON, HEARING
PUBLIC COMMENT WITH RESPECT TO, AND FINALLY SELECTING A LIST OF NOMINEES
TO BE PRESENTED TO THE MAYOR FROM TIME TO TIME. EACH NOMINEE SHALL BE  A
RESIDENT  OF  THE  CITY  OF NEW YORK AT THE TIME OF SUCH NOMINATION. THE
PANEL SHALL STRIVE TO  NOMINATE  INDIVIDUALS  WHO  REFLECT  THE  ETHNIC,
RACIAL  AND  SOCIOECONOMIC  DIVERSITY  OF  THE  CITY OF NEW YORK AND ITS
PUBLIC SCHOOL POPULATION.

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  4. MEMBERS OF THE BOARD OF EDUCATION SHALL SERVE FOR A TERM  OF  THREE
YEARS. PROVIDED, HOWEVER, OF THE MEMBERS FIRST APPOINTED:
  (A)  THREE OF THE MEMBERS APPOINTED BY THE MAYOR SHALL SERVE A TERM OF
ONE YEAR. THE MAYOR SHALL DESIGNATE WHICH THREE  MEMBERS  ARE  TO  SERVE
ONE-YEAR TERMS.
  (B) THE FOUR REMAINING MEMBERS APPOINTED BY THE MAYOR SHALL EACH SERVE
A TWO-YEAR TERM.
  (C) THE MEMBERS APPOINTED BY THE BOROUGH PRESIDENTS SHALL EACH SERVE A
THREE-YEAR TERM.
  5.  THE  FIRST  NOMINATING  PANEL  SHALL CONVENE ITSELF IN A MUNICIPAL
BUILDING WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION.
IT  SHALL  HOLD SUCH MEETINGS AS IT DEEMS NECESSARY AND SHALL PRESENT TO
THE MAYOR A LIST CONTAINING THE NAMES AND ADDRESSES OF  NOT  FEWER  THAN
FOURTEEN  NOMINEES  NOT LATER THAN DECEMBER SECOND, TWO THOUSAND ELEVEN,
FROM WHICH THE MAYOR SHALL APPOINT SEVEN PERSONS TO SERVE AS MEMBERS  OF
THE  PANEL  ON  EDUCATIONAL  POLICY; PROVIDED, HOWEVER, SHOULD THE PANEL
FAIL TO PRESENT SUCH LIST TO THE MAYOR BY DECEMBER SECOND, TWO  THOUSAND
ELEVEN,  THE  MAYOR  SHALL HAVE THE POWER TO APPOINT ANY PERSON HE DEEMS
SUITABLE TO THE PANEL FOR THE TERMS TO COMMENCE IN THE  FOLLOWING  JANU-
ARY.
  6.  IN  TWO  THOUSAND TWELVE AND THEREAFTER, ON THE FIRST WEDNESDAY OF
OCTOBER OF EVERY YEAR THE NOMINATING PANEL SHALL CONVENE TO  SELECT  TWO
NOMINEES  FOR  EACH  OFFICE  OF  PANEL  ON EDUCATIONAL POLICY THAT SHALL
BECOME VACANT ON THE FIRST DAY OF THE NEXT MUNICIPAL YEAR. NO LATER THAN
THE FIRST MONDAY IN DECEMBER OF EACH YEAR, THE PANEL  SHALL  PRESENT  TO
THE MAYOR A LIST CONTAINING THE NAMES AND ADDRESSES OF SUCH NOMINEES FOR
EACH  TERM  OF OFFICE TO COMMENCE ON THE FIRST DAY OF THE NEXT MUNICIPAL
YEAR; PROVIDED, HOWEVER, SHOULD THE PANEL FAIL TO PRESENT SUCH  LIST  TO
THE  MAYOR  BY  THE  FIRST  MONDAY IN DECEMBER, THE MAYOR SHALL HAVE THE
POWER TO APPOINT ANY PERSON HE DEEMS SUITABLE TO THE  OFFICE  OF  SCHOOL
COMMITTEE FOR THE TERM TO COMMENCE IN THE FOLLOWING JANUARY.
  7. UPON NOTICE PROVIDED BY THE CHANCELLOR THAT A VACANCY EXISTS IN THE
OFFICE  OF  ANY SCHOOL COMMITTEE MEMBER DUE TO DEATH OR RESIGNATION, THE
PANEL SHALL CONVENE WITHIN TEN DAYS OF SUCH  NOTICE  AND  SHALL,  WITHIN
THIRTY  DAYS  AFTER SO CONVENING, SELECT AND PRESENT TO THE MAYOR A LIST
CONTAINING THE NAMES AND ADDRESSES OF TWO NOMINEES. WITHIN FIFTEEN  DAYS
AFTER  SUCH  PRESENTMENT,  THE  MAYOR  SHALL  APPOINT A SCHOOL COMMITTEE
MEMBER TO SERVE THE UNEXPIRED  TERM  OF  THE  VACANT  OFFICE;  PROVIDED,
HOWEVER,  SHOULD  THE PANEL FAIL TO PRESENT SUCH LIST WITHIN SUCH THIRTY
DAYS, THE MAYOR SHALL HAVE THE POWER TO APPOINT ANY  PERSON  HE  OR  SHE
DEEMS SUITABLE TO THE VACANT OFFICE TO SERVE SUCH UNEXPIRED TERM.
  S 3. Subdivision 36 of section 2590-h of the education law is REPEALED
and a new subdivision 36 is added to read as follows:
  36. (A) ENSURE THAT ALL CONTRACTS OR AGREEMENTS INVOLVING THE PURCHASE
OR  DELIVERY OF MATERIAL GOODS, SUPPLIES AND SERVICES BY OR TO THE CHAN-
CELLOR, THE SUPERINTENDENTS OR THE SCHOOLS, INCLUDING ANY  FRANCHISE  OR
CONCESSION  AGREEMENTS,  REGARDLESS  OF THE SOURCE OF FUNDS, ARE ENTERED
INTO IN ACCORDANCE WITH THE PROVISIONS OF CHAPTERS THIRTEEN AND FOURTEEN
OF THE NEW YORK CITY CHARTER AND THE RULES OF THE NEW YORK CITY PROCURE-
MENT POLICY BOARD AND OF THE NEW  YORK  CITY  FRANCHISE  CONCESSION  AND
REVIEW  COMMITTEE,  PROVIDED THAT WHERE SUCH LAW OR RULES REQUIRE ACTION
BY OR APPEAL TO THE MAYOR OR AN APPOINTEE OF THE MAYOR, OTHER  THAN  THE
CHANCELLOR, SUCH ACTION SHALL INSTEAD BE TAKEN BY THE CHANCELLOR OR SUCH
APPOINTEE  OF  THE CHANCELLOR AS THE CHANCELLOR MAY DELEGATE IN WRITING,
AND PROVIDED FURTHER, ANY CONTRACT AWARDED  WITHOUT  COMPETITION  OR  IN
EXCESS  OF  ONE MILLION DOLLARS SHALL BE SUBJECT TO THE VOTE OF THE FULL

A. 6755                             4

BOARD OF EDUCATION UNLESS SUCH CONTRACT SHALL BE DEEMED AN EMERGENCY  AS
DEFINED IN SECTION THREE HUNDRED FIFTEEN OF THE NEW YORK CITY CHARTER OR
SHALL  BE  MADE IN ACCORDANCE WITH RULES OF THE PROCUREMENT POLICY BOARD
ESTABLISHED  PURSUANT  TO SECTION THREE HUNDRED FOURTEEN OF THE NEW YORK
CITY CHARTER. NO SUCH CONTRACT OR AGREEMENT SHALL BE  IMPLEMENTED  UNTIL
IT HAS BEEN FILED AND REGISTERED BY THE COMPTROLLER PURSUANT TO CHAPTERS
FIVE AND THIRTEEN OF THE NEW YORK CITY CHARTER. FOR THE PURPOSES OF THIS
SUBDIVISION,  THE  TERMS  "CONTRACT"  OR  "AGREEMENT"  SHALL INCLUDE ANY
CONTRACT THAT DIRECTLY OR INDIRECTLY BENEFITS THE CITY DISTRICT, INCLUD-
ING ANY CONTRACT OR OTHER INSTRUMENT IN WHICH THE CITY,  CITY  BOARD  OR
ANY OF ITS OFFICERS AGREES TO GIVE OR RECEIVE A CONSIDERATION OTHER THAN
THE PAYMENT OF MONEY;
  (B)  ESTABLISH  STANDARDS  FOR  QUALITY,  FUNCTION, AND UTILITY OF ALL
MATERIAL GOODS, SUPPLIES, AND  SERVICES  PURCHASED  BY  THE  CHANCELLOR,
SUPERINTENDENTS, OR SCHOOLS; AND
  (C) PROMULGATE REGULATIONS WHICH ENABLE SUPERINTENDENTS AND SCHOOLS TO
PURCHASE MATERIAL GOODS, SUPPLIES, AND SERVICES DIRECTLY FROM VENDORS OR
SUPPLIERS WHEN SUCH PRODUCTS ARE AVAILABLE AT PRICES OR OTHER TERMS MORE
ECONOMICALLY BENEFICIAL FOR THE PURPOSES OF THE ACQUIRING SUPERINTENDENT
OR  SCHOOL.  SUCH  REGULATIONS  SHALL  ALSO  INCLUDE REPAIR SERVICES AND
BUILDING SUPPLIES, AS DEFINED IN SUCH REGULATIONS, FOR EXPENDITURES FROM
EACH DISTRICT'S MINOR REPAIR AND PURCHASING FUNDS  PURSUANT  TO  SECTION
TWENTY-FIVE HUNDRED NINETY-R OF THIS ARTICLE.
  S 4. This act shall take effect immediately; provided that:
  1.  the amendments to paragraph (a) of subdivision 1 of section 2590-b
of the education law made by section one of this act  shall  not  affect
the  expiration of such subdivision and shall be deemed to expire there-
with;
  2. the provisions of section two of this act  shall  expire  June  30,
2015  when upon such date the provisions of such section shall be deemed
repealed; and
  3. the amendments to section 2590-h  of  the  education  law  made  by
section three of this act shall not affect the expiration of such subdi-
vision and shall be deemed to expire therewith.