senate Bill S1413A

2011-2012 Legislative Session

Relates to the appointment of superintendents

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2012 print number 1413a
amend and recommit to education
Jan 04, 2012 referred to education
Jan 07, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S1413 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§1711, 2507 & 2565 Ed L

S1413 - Bill Texts

view summary

Relates to the termination of superintendents and any payment as compensation for the remainder of the superintendent's unserved employment contract.

view sponsor memo
BILL NUMBER:S1413

TITLE OF BILL:
An act
to amend the education law, in relation to appointment of
superintendents

PURPOSE:
To prohibit buyouts of superintendents when contracts are terminated
for just cause. To limit buyouts of superintendents in all other
instances. To require public disclosure by boards of education when
negotiations of buyout agreements are commencing.

SUMMARY OF PROVISIONS:
Prohibits a board of education from making any payment as compensation
for the remainder of a superintendent's unserved contract when the
termination was for just cause. When the termination was not for
cause, a board of education is authorized to negotiate a compensation
agreement with the superintendent for an amount not in excess of
twenty-five percent of the annual average compensation. Compensation
is defined to mean salary and benefits. Requires the board of
education, at the next regularly scheduled meeting of the board of
education, to notify the public of the initiation of negotiations.
This bill further specifies the due process procedures to be used to
determine termination for just cause.

JUSTIFICATION:
At present a school board may remove a superintendent without cause
and provide a significant severance package. In recent years, there
have been at least nine cases across New York State where
superintendents leave positions with large buyouts with little or no
explanation ever provided to the public about the agreed upon terms
and conditions. Two examples highlight this situation, in Middleburgh
Central School District a superintendent was offered nearly $32,000
for unused vacation days, and in the City of Poughkeepsie its
superintendent was likewise offered a buyout that included his full
$163,500 annual salary including benefits for longer than one year.

This bill prohibits a superintendent from receiving a severance
package when termination was for just cause. In all other instances,
this bill prohibits a superintendent from receiving a severance
package in excess of twenty-five percent of the annual average
compensation.
Additionally, public disclosure by the board of education is required
to notify taxpayers that negotiations for a severance package are
commencing.

By severely limiting buyouts and removing the secrecy that surrounds
buyouts, this policy gives the public greater assurance that their
taxpayer dollars are being used appropriately.

LEGISLATIVE HISTORY:
2007-08: S.1094A - Passed Senate
2006: S.7959 - Passed Senate

FISCAL IMPLICATIONS:


None. Local taxpayers will have assurance that superintendents are not
inappropriately compensated in severance agreements.

EFFECTIVE DATE:
July 1, 2012

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1413

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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 appointment of  super-
  intendents

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

  Section 1. Section 1711 of the education  law  is  amended  by  adding
three new subdivisions 3-a, 5 and 6 to read as follows:
  3-A.  (A)  A  BOARD  OF  EDUCATION  OF A UNION FREE SCHOOL DISTRICT, A
COMMON SCHOOL DISTRICT, A CENTRAL SCHOOL DISTRICT  AND  A  CENTRAL  HIGH
SCHOOL  DISTRICT  SHALL  NOT  MAKE  ANY  PAYMENT AS COMPENSATION FOR THE
REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT SHOULD EMPLOYMENT BE
TERMINATED FOR JUST CAUSE.
  (B) IN ALL OTHER INSTANCES,  A  BOARD  OF  EDUCATION  SHALL  HAVE  THE
AUTHORITY  TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED  CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF  TWENTY-FIVE  PERCENT  OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CURRENT CONTRACT. IN THE EVENT THERE IS  LESS  THAN  ONE  FULL  YEAR
REMAINING  ON  THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED  FOR  IN
THE  CONTRACT  PROPORTIONALLY  REDUCED  TO  REFLECT THE NUMBER OF MONTHS
REMAINING IN THE CONTRACT.
  (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED  VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.
  (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE  PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05319-01-1

S. 1413                             2

  5.  (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE  BROUGHT  BY  THE
BOARD  OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES,  UPON  AT
LEAST  THIRTY  DAYS  NOTICE,  BEFORE  AN INDEPENDENT HEARING OFFICER WHO
SHALL  BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE  OPTION  OF  THE  SUPER-
INTENDENT.  THE  HEARING  OFFICER  MAY  BE  SELECTED BY MUTUAL AGREEMENT
BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN  THE  EVENT
NO  SUCH  AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE  MADE  TO  THE
AMERICAN  ARBITRATION  ASSOCIATION,  BY THE SUPERINTENDENT FOR A LIST OF
THREE QUALIFIED HEARING OFFICERS. THEREAFTER,  THE  BOARD  OF  EDUCATION
SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
  (B)  A  SUPERINTENDENT  SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT  A  PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE  AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
OTHER TANGIBLE EVIDENCE, TO HAVE ALL  TESTIMONY  GIVEN  UNDER  OATH,  TO
RECEIVE  WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
AND TO RECEIVE FINDINGS OF FACT AND  CONCLUSIONS  OF  LAW.  THE  HEARING
OFFICER'S  DECISION  SHALL  BE  FINAL UPON THE PARTIES, SUBJECT TO THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
  (C) ANY CRITICISMS  OR  COMPLAINTS  WHICH  HAVE  NOT  BEEN  PREVIOUSLY
FORWARDED  TO  THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO  THE
SUPERINTENDENT  BY  THE  BOARD  OF  EDUCATION  MORE THAN EIGHTEEN MONTHS
BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT  SUCH  A  HEARING
AGAINST  THE  SUPERINTENDENT.  THE HEARING OFFICER SHALL STRIKE FROM THE
WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST  THE  SUPERINTEN-
DENT.  SUCH  LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
WOULD, IF PROVED IN A COURT  OF  COMPETENT  JURISDICTION,  CONSTITUTE  A
CRIME.
  (D)  THE  HEARING  OFFICER  SHALL, UPON THE CONCLUSION OF THE HEARING,
PREPARE AND SUBMIT A WRITTEN  DECISION,  WHICH  DECISION  SHALL  INCLUDE
FINDINGS  OF  FACT  AND  A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT  TO  APPEAL
THE  DECISION  OF  THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
TION.
  (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE  BOARD  OF
EDUCATION  SHALL  REIMBURSE  THE SUPERINTENDENT FOR HIS OR HER COSTS AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
  6. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS  SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT  WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF  SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
  S  2. Section 2507 of the education law is amended by adding three new
subdivisions 3, 4 and 5 to read as follows:
  3. (A) A BOARD OF EDUCATION SHALL NOT MAKE ANY PAYMENT AS COMPENSATION
FOR  THE  REMAINDER  OF  THE  SUPERINTENDENT'S  UNSERVED CONTRACT SHOULD
EMPLOYMENT BE TERMINATED FOR JUST CAUSE.

S. 1413                             3

  (B) IN ALL OTHER INSTANCES,  A  BOARD  OF  EDUCATION  SHALL  HAVE  THE
AUTHORITY  TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED  CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF  TWENTY-FIVE  PERCENT  OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CURRENT CONTRACT. IN THE EVENT THERE IS  LESS  THAN  ONE  FULL  YEAR
REMAINING  ON  THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED  FOR  IN
THE  CONTRACT  PROPORTIONALLY  REDUCED  TO  REFLECT THE NUMBER OF MONTHS
REMAINING IN THE CONTRACT.
  (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED  VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.
  (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE  PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.
  4.  (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE  BROUGHT  BY  THE
BOARD  OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES,  UPON  AT
LEAST  THIRTY  DAYS  NOTICE,  BEFORE  AN INDEPENDENT HEARING OFFICER WHO
SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE  HEARING
SHALL  BE  IN  EXECUTIVE  OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
INTENDENT. THE HEARING OFFICER  MAY  BE  SELECTED  BY  MUTUAL  AGREEMENT
BETWEEN  THE  SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER  THE  SUPERINTEN-
DENT'S  RECEIPT  OF  THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR  A  LIST  OF
THREE  QUALIFIED  HEARING  OFFICERS.  THEREAFTER, THE BOARD OF EDUCATION
SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
  (B) A SUPERINTENDENT SHALL BE ENTITLED TO DUE  PROCESS  PROTECTION  AT
SUCH  HEARING,  INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT A PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS,  OR
OTHER  TANGIBLE  EVIDENCE,  TO  HAVE  ALL TESTIMONY GIVEN UNDER OATH, TO
RECEIVE WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE  PROCEEDINGS;
AND  TO  RECEIVE  FINDINGS  OF  FACT AND CONCLUSIONS OF LAW. THE HEARING
OFFICER'S DECISION SHALL BE FINAL UPON THE  PARTIES,  SUBJECT  TO  THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
  (C)  ANY  CRITICISMS  OR  COMPLAINTS  WHICH  HAVE  NOT BEEN PREVIOUSLY
FORWARDED TO THE SUPERINTENDENT IN ACCORDANCE WITH THIS  SUBDIVISION  OR
CHARGES  BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO THE
SUPERINTENDENT BY THE BOARD  OF  EDUCATION  MORE  THAN  EIGHTEEN  MONTHS
BEFORE  THE  CHARGE  IS FILED, SHALL NOT BE ADMISSIBLE AT SUCH A HEARING
AGAINST THE SUPERINTENDENT. THE HEARING OFFICER SHALL  STRIKE  FROM  THE
WRITTEN  CHARGE  OR CHARGES ANY SUCH CHARGE MADE AGAINST THE SUPERINTEN-
DENT. SUCH LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS  OR  CHARGES
WOULD,  IF  PROVED  IN  A  COURT OF COMPETENT JURISDICTION, CONSTITUTE A
CRIME.
  (D) THE HEARING OFFICER SHALL, UPON THE  CONCLUSION  OF  THE  HEARING,
PREPARE  AND  SUBMIT  A  WRITTEN  DECISION, WHICH DECISION SHALL INCLUDE
FINDINGS OF FACT AND A DISPOSITION OF EACH CHARGE.  BOTH  THE  BOARD  OF

S. 1413                             4

EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING  OFFICER.  BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT TO APPEAL
THE DECISION OF THE HEARING OFFICER TO A COURT  OF  COMPETENT  JURISDIC-
TION.
  (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS  AT  SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE BOARD OF
EDUCATION SHALL REIMBURSE THE SUPERINTENDENT FOR HIS OR  HER  COSTS  AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
  5.  ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL  FORCE
AND  EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
  S 3. Section 2565 of the education law is amended by adding three  new
subdivisions 4, 5 and 6 to read as follows:
  4. (A) A BOARD OF EDUCATION SHALL NOT MAKE ANY PAYMENT AS COMPENSATION
FOR  THE  REMAINDER  OF  THE  SUPERINTENDENT'S  UNSERVED CONTRACT SHOULD
EMPLOYMENT BE TERMINATED FOR JUST CAUSE.
  (B) IN ALL OTHER INSTANCES,  A  BOARD  OF  EDUCATION  SHALL  HAVE  THE
AUTHORITY  TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED  CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF  TWENTY-FIVE  PERCENT  OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CURRENT CONTRACT. IN THE EVENT THERE IS  LESS  THAN  ONE  FULL  YEAR
REMAINING  ON  THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED  FOR  IN
THE  CONTRACT  PROPORTIONALLY  REDUCED  TO  REFLECT THE NUMBER OF MONTHS
REMAINING IN THE CONTRACT.
  (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED  VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.
  (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE  PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.
  (E) THE PROVISIONS OF THIS SUBDIVISION  SHALL  NOT  APPLY  TO  A  CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
  5.    (A)  CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE BROUGHT BY THE
BOARD OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE  SUPER-
INTENDENT  SHALL  BE ENTITLED TO A FAIR HEARING ON SAID CHARGES, UPON AT
LEAST THIRTY DAYS NOTICE, BEFORE  AN  INDEPENDENT  HEARING  OFFICER  WHO
SHALL  BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE  OPTION  OF  THE  SUPER-
INTENDENT.  THE  HEARING  OFFICER  MAY  BE  SELECTED BY MUTUAL AGREEMENT
BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN  THE  EVENT
NO  SUCH  AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE  MADE  TO  THE
AMERICAN  ARBITRATION  ASSOCIATION,  BY THE SUPERINTENDENT FOR A LIST OF
THREE QUALIFIED HEARING OFFICERS. THEREAFTER,  THE  BOARD  OF  EDUCATION
SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
  (B)  A  SUPERINTENDENT  SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT  A  PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE  AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR

S. 1413                             5

OTHER TANGIBLE EVIDENCE, TO HAVE ALL  TESTIMONY  GIVEN  UNDER  OATH,  TO
RECEIVE  WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
AND TO RECEIVE FINDINGS OF FACT AND  CONCLUSIONS  OF  LAW.  THE  HEARING
OFFICER'S  DECISION  SHALL  BE  FINAL UPON THE PARTIES, SUBJECT TO THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
  (C) ANY CRITICISMS  OR  COMPLAINTS  WHICH  HAVE  NOT  BEEN  PREVIOUSLY
FORWARDED  TO  THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO  THE
SUPERINTENDENT  BY  THE  BOARD  OF  EDUCATION  MORE THAN EIGHTEEN MONTHS
BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT  SUCH  A  HEARING
AGAINST  THE  SUPERINTENDENT.  THE HEARING OFFICER SHALL STRIKE FROM THE
WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST  THE  SUPERINTEN-
DENT.  SUCH  LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
WOULD, IF PROVED IN A COURT  OF  COMPETENT  JURISDICTION,  CONSTITUTE  A
CRIME.
  (D)  THE  HEARING  OFFICER  SHALL, UPON THE CONCLUSION OF THE HEARING,
PREPARE AND SUBMIT A WRITTEN  DECISION,  WHICH  DECISION  SHALL  INCLUDE
FINDINGS  OF  FACT  AND  A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT  TO  APPEAL
THE  DECISION  OF  THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
TION.
  (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE  BOARD  OF
EDUCATION  SHALL  REIMBURSE  THE SUPERINTENDENT FOR HIS OR HER COSTS AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
  (F) THE PROVISIONS OF THIS SUBDIVISION  SHALL  NOT  APPLY  TO  A  CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
  6.  ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL  FORCE
AND  EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
  S 4. This act shall take effect July 1, 2012.

S1413A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§1711, 2507 & 2565 Ed L

S1413A (ACTIVE) - Bill Texts

view summary

Relates to the termination of superintendents and any payment as compensation for the remainder of the superintendent's unserved employment contract.

view sponsor memo
BILL NUMBER:S1413A

TITLE OF BILL:
An act
to amend the education law, in relation to appointment of
superintendents

PURPOSE:
To prohibit buyouts of superintendents when contracts are terminated
for just cause. To limit buyouts of superintendents in all other
instances. To require public disclosure by boards of education when
negotiations of buyout agreements are commencing.

SUMMARY OF PROVISIONS:
Prohibits a board of education from making any payment as compensation
for the remainder of a superintendent's unserved contract when the
termination was for just cause. When the termination was not for
cause, a board of education is authorized to negotiate a compensation
agreement with the superintendent for an amount not in excess of
twenty-five percent of the annual average compensation. Compensation
is defined to mean salary and benefits. Requires the board of
education, at the next regularly scheduled meeting of the board of
education, to notify the public of the initiation of negotiations.
This bill further specifies the due process procedures to be used to
determine termination for just cause.

JUSTIFICATION:
At present a school board may remove a superintendent without cause
and provide a significant severance package. In recent years, there
have been at least nine cases across New York State where
superintendents leave positions with large buyouts with little or no
explanation ever provided to the public about the agreed upon terms
and conditions. Two examples highlight this situation, in Middleburgh
Central School District a superintendent was offered nearly $32,000
for unused vacation days, and in the City of Poughkeepsie its
superintendent was likewise offered a buyout that included his full
$163,500 annual salary including benefits for longer than one year.

This bill prohibits a superintendent from receiving a severance
package when termination was for just cause. In all other instances,
this bill prohibits a superintendent from receiving a severance
package in excess of twenty-five percent of the annual average
compensation.
Additionally, public disclosure by the board of education is required
to notify taxpayers that negotiations for a severance package are
commencing.

By severely limiting buyouts and removing the secrecy that surrounds
buyouts, this policy gives the public greater assurance that their
taxpayer dollars are being used appropriately.

LEGISLATIVE HISTORY:
2007-2008: S.1094A - Passed Senate
2006: S.7959 - Passed Senate

FISCAL IMPLICATIONS:


None. Local taxpayers will have assurance that superintendents are not
inappropriately compensated in severance agreements.

EFFECTIVE DATE:
July 1, 2013

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1413--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law, in relation to appointment of  super-
  intendents

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

  Section 1. Section 1711 of the education  law  is  amended  by  adding
three new subdivisions 3-a, 5 and 6 to read as follows:
  3-A.  (A)  A  BOARD  OF  EDUCATION  OF A UNION FREE SCHOOL DISTRICT, A
COMMON SCHOOL DISTRICT, A CENTRAL SCHOOL DISTRICT  AND  A  CENTRAL  HIGH
SCHOOL  DISTRICT  SHALL  NOT  MAKE  ANY  PAYMENT AS COMPENSATION FOR THE
REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT SHOULD EMPLOYMENT BE
TERMINATED FOR JUST CAUSE.
  (B) IN ALL OTHER INSTANCES,  A  BOARD  OF  EDUCATION  SHALL  HAVE  THE
AUTHORITY  TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED  CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF  TWENTY-FIVE  PERCENT  OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CURRENT CONTRACT. IN THE EVENT THERE IS  LESS  THAN  ONE  FULL  YEAR
REMAINING  ON  THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED  FOR  IN
THE  CONTRACT  PROPORTIONALLY  REDUCED  TO  REFLECT THE NUMBER OF MONTHS
REMAINING IN THE CONTRACT.
  (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED  VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05319-02-2

S. 1413--A                          2

  (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE  PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.
  5.    (A)  CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE BROUGHT BY THE
BOARD OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE  SUPER-
INTENDENT  SHALL  BE ENTITLED TO A FAIR HEARING ON SAID CHARGES, UPON AT
LEAST THIRTY DAYS NOTICE, BEFORE  AN  INDEPENDENT  HEARING  OFFICER  WHO
SHALL  BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE  OPTION  OF  THE  SUPER-
INTENDENT.  THE  HEARING  OFFICER  MAY  BE  SELECTED BY MUTUAL AGREEMENT
BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN  THE  EVENT
NO  SUCH  AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE  MADE  TO  THE
AMERICAN  ARBITRATION  ASSOCIATION,  BY THE SUPERINTENDENT FOR A LIST OF
THREE QUALIFIED HEARING OFFICERS. THEREAFTER,  THE  BOARD  OF  EDUCATION
SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
  (B)  A  SUPERINTENDENT  SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT  A  PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE  AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
OTHER TANGIBLE EVIDENCE, TO HAVE ALL  TESTIMONY  GIVEN  UNDER  OATH,  TO
RECEIVE  WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
AND TO RECEIVE FINDINGS OF FACT AND  CONCLUSIONS  OF  LAW.  THE  HEARING
OFFICER'S  DECISION  SHALL  BE  FINAL UPON THE PARTIES, SUBJECT TO THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
  (C) ANY CRITICISMS  OR  COMPLAINTS  WHICH  HAVE  NOT  BEEN  PREVIOUSLY
FORWARDED  TO  THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO  THE
SUPERINTENDENT  BY  THE  BOARD  OF  EDUCATION  MORE THAN EIGHTEEN MONTHS
BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT  SUCH  A  HEARING
AGAINST  THE  SUPERINTENDENT.  THE HEARING OFFICER SHALL STRIKE FROM THE
WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST  THE  SUPERINTEN-
DENT.  SUCH  LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
WOULD, IF PROVED IN A COURT  OF  COMPETENT  JURISDICTION,  CONSTITUTE  A
CRIME.
  (D)  THE  HEARING  OFFICER  SHALL, UPON THE CONCLUSION OF THE HEARING,
PREPARE AND SUBMIT A WRITTEN  DECISION,  WHICH  DECISION  SHALL  INCLUDE
FINDINGS  OF  FACT  AND  A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT  TO  APPEAL
THE  DECISION  OF  THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
TION.
  (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE  BOARD  OF
EDUCATION  SHALL  REIMBURSE  THE SUPERINTENDENT FOR HIS OR HER COSTS AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
  6. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS  SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT  WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF  SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.

S. 1413--A                          3

  S  2. Section 2507 of the education law is amended by adding three new
subdivisions 3, 4 and 5 to read as follows:
  3. (A) A BOARD OF EDUCATION SHALL NOT MAKE ANY PAYMENT AS COMPENSATION
FOR  THE  REMAINDER  OF  THE  SUPERINTENDENT'S  UNSERVED CONTRACT SHOULD
EMPLOYMENT BE TERMINATED FOR JUST CAUSE.
  (B) IN ALL OTHER INSTANCES,  A  BOARD  OF  EDUCATION  SHALL  HAVE  THE
AUTHORITY  TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED  CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF  TWENTY-FIVE  PERCENT  OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CURRENT CONTRACT. IN THE EVENT THERE IS  LESS  THAN  ONE  FULL  YEAR
REMAINING  ON  THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED  FOR  IN
THE  CONTRACT  PROPORTIONALLY  REDUCED  TO  REFLECT THE NUMBER OF MONTHS
REMAINING IN THE CONTRACT.
  (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED  VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.
  (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE  PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.
  4.  (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE  BROUGHT  BY  THE
BOARD  OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES,  UPON  AT
LEAST  THIRTY  DAYS  NOTICE,  BEFORE  AN INDEPENDENT HEARING OFFICER WHO
SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE  HEARING
SHALL  BE  IN  EXECUTIVE  OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
INTENDENT. THE HEARING OFFICER  MAY  BE  SELECTED  BY  MUTUAL  AGREEMENT
BETWEEN  THE  SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER  THE  SUPERINTEN-
DENT'S  RECEIPT  OF  THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR  A  LIST  OF
THREE  QUALIFIED  HEARING  OFFICERS.  THEREAFTER, THE BOARD OF EDUCATION
SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
  (B) A SUPERINTENDENT SHALL BE ENTITLED TO DUE  PROCESS  PROTECTION  AT
SUCH  HEARING,  INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT A PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS,  OR
OTHER  TANGIBLE  EVIDENCE,  TO  HAVE  ALL TESTIMONY GIVEN UNDER OATH, TO
RECEIVE WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE  PROCEEDINGS;
AND  TO  RECEIVE  FINDINGS  OF  FACT AND CONCLUSIONS OF LAW. THE HEARING
OFFICER'S DECISION SHALL BE FINAL UPON THE  PARTIES,  SUBJECT  TO  THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
  (C)  ANY  CRITICISMS  OR  COMPLAINTS  WHICH  HAVE  NOT BEEN PREVIOUSLY
FORWARDED TO THE SUPERINTENDENT IN ACCORDANCE WITH THIS  SUBDIVISION  OR
CHARGES  BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO THE
SUPERINTENDENT BY THE BOARD  OF  EDUCATION  MORE  THAN  EIGHTEEN  MONTHS
BEFORE  THE  CHARGE  IS FILED, SHALL NOT BE ADMISSIBLE AT SUCH A HEARING
AGAINST THE SUPERINTENDENT. THE HEARING OFFICER SHALL  STRIKE  FROM  THE
WRITTEN  CHARGE  OR CHARGES ANY SUCH CHARGE MADE AGAINST THE SUPERINTEN-
DENT. SUCH LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS  OR  CHARGES

S. 1413--A                          4

WOULD,  IF  PROVED  IN  A  COURT OF COMPETENT JURISDICTION, CONSTITUTE A
CRIME.
  (D)  THE  HEARING  OFFICER  SHALL, UPON THE CONCLUSION OF THE HEARING,
PREPARE AND SUBMIT A WRITTEN  DECISION,  WHICH  DECISION  SHALL  INCLUDE
FINDINGS  OF  FACT  AND  A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT  TO  APPEAL
THE  DECISION  OF  THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
TION.
  (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE  BOARD  OF
EDUCATION  SHALL  REIMBURSE  THE SUPERINTENDENT FOR HIS OR HER COSTS AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
  5. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS  SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT  WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF  SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
  S  3. Section 2565 of the education law is amended by adding three new
subdivisions 4, 5 and 6 to read as follows:
  4. (A) A BOARD OF EDUCATION SHALL NOT MAKE ANY PAYMENT AS COMPENSATION
FOR THE REMAINDER  OF  THE  SUPERINTENDENT'S  UNSERVED  CONTRACT  SHOULD
EMPLOYMENT BE TERMINATED FOR JUST CAUSE.
  (B)  IN  ALL  OTHER  INSTANCES,  A  BOARD  OF EDUCATION SHALL HAVE THE
AUTHORITY TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION  AGREEMENT
AS  PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF TWENTY-FIVE PERCENT OF AVERAGE ANNUAL COMPENSATION  PROVIDED  FOR  IN
THE  CURRENT  CONTRACT.  IN  THE  EVENT THERE IS LESS THAN ONE FULL YEAR
REMAINING ON THE CONTRACT, THE COMPENSATION AGREEMENT SHALL  NOT  EXCEED
TWENTY-FIVE  PERCENT  OF THE AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CONTRACT PROPORTIONALLY REDUCED TO  REFLECT  THE  NUMBER  OF  MONTHS
REMAINING IN THE CONTRACT.
  (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY  AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.
  (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS  PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.
  (E)  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY TO A CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
  5.  (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE  BROUGHT  BY  THE
BOARD  OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES,  UPON  AT
LEAST  THIRTY  DAYS  NOTICE,  BEFORE  AN INDEPENDENT HEARING OFFICER WHO
SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE  HEARING
SHALL  BE  IN  EXECUTIVE  OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
INTENDENT. THE HEARING OFFICER  MAY  BE  SELECTED  BY  MUTUAL  AGREEMENT
BETWEEN  THE  SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER  THE  SUPERINTEN-
DENT'S  RECEIPT  OF  THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR  A  LIST  OF
THREE  QUALIFIED  HEARING  OFFICERS.  THEREAFTER, THE BOARD OF EDUCATION

S. 1413--A                          5

SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
  (B)  A  SUPERINTENDENT  SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT  A  PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE  AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
OTHER TANGIBLE EVIDENCE, TO HAVE ALL  TESTIMONY  GIVEN  UNDER  OATH,  TO
RECEIVE  WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
AND TO RECEIVE FINDINGS OF FACT AND  CONCLUSIONS  OF  LAW.  THE  HEARING
OFFICER'S  DECISION  SHALL  BE  FINAL UPON THE PARTIES, SUBJECT TO THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
  (C) ANY CRITICISMS  OR  COMPLAINTS  WHICH  HAVE  NOT  BEEN  PREVIOUSLY
FORWARDED  TO  THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO  THE
SUPERINTENDENT  BY  THE  BOARD  OF  EDUCATION  MORE THAN EIGHTEEN MONTHS
BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT  SUCH  A  HEARING
AGAINST  THE  SUPERINTENDENT.  THE HEARING OFFICER SHALL STRIKE FROM THE
WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST  THE  SUPERINTEN-
DENT.  SUCH  LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
WOULD, IF PROVED IN A COURT  OF  COMPETENT  JURISDICTION,  CONSTITUTE  A
CRIME.
  (D)  THE  HEARING  OFFICER  SHALL, UPON THE CONCLUSION OF THE HEARING,
PREPARE AND SUBMIT A WRITTEN  DECISION,  WHICH  DECISION  SHALL  INCLUDE
FINDINGS  OF  FACT  AND  A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT  TO  APPEAL
THE  DECISION  OF  THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
TION.
  (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE  BOARD  OF
EDUCATION  SHALL  REIMBURSE  THE SUPERINTENDENT FOR HIS OR HER COSTS AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
  (F) THE PROVISIONS OF THIS SUBDIVISION  SHALL  NOT  APPLY  TO  A  CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
  6.  ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL  FORCE
AND  EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
  S 4. This act shall take effect July 1, 2013.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.