NY State Senate Bill 2011-S3624

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2011	recommit, enacting clause stricken
Feb 28, 2011	referred to education

co-Sponsors

2011-S3624 (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Add Art 57, §2901, Ed L

2011-S3624 (ACTIVE) - Summary

Caps the salaries of administrators as reported by the commissioner of education pursuant to paragraph n of subdivision 1 of section 3602 of the education law in the year that an employment contract or other agreement for an administrator in such district or districts is entered into, renewed or amended.

2011-S3624 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3624              REVISED 02/28/11

TITLE OF BILL:
An act
to amend the education law, in relation to salaries of administrators

PURPOSE:
To limit the salaries of school administrators on the basis
of school district enrollment.

SUMMARY OF PROVISIONS:
Section 1 of the bill creates a tiered salary
cap structure for school administrators based on district enrollment;
it provides for a waiver after a school board vote for district with
an enrollment of 10,000 or more.

For purposes of calculating salary, a school district may pay for
insurance benefits, but cash value life insurance policies shall
count against the salary limit; a district may pay for actual travel
expenses, but any other transportation costs shall count against the
salary limit; any other lump sum payment shall be counted against the
salary limit.

An administrator shall not be permitted to accrue sick or vacation
credits in excess of that allowed for managerial/confidential
employees under the Civil Service Law.

Section 2 provides the effective date

JUSTIFICATION:
The pay of school superintendents and other school
administrators in many school districts across the state is grossly
out of line with the present economic realities of those districts and
the state. In some districts in Long Island, the superintendent's
salary is twice that of the state's governor. By placing sensible
caps on administrative salaries based on district enrollment, this
bill intends to ease market pressures and bring administrative
salaries back in line with reality, allowing school districts to
better manage these difficult economic times.

To make meaningful the salary cap, this bill would limit other forms
of payments beyond salary. A district may pay for an administrator's
insurance benefits (health, disability, life, etc.) outside of the
cap, but any payment for cash value life insurance shall be counted
against the salary cap. If a district chose to pay for employee
insurance contributions, co-pays, etc., that too would be counted
against the cap. A district may pay for actual transportation/travel
costs, but any other transportation/travel costs shall be counted
against the cap.
Additionally, administrators would be prohibited from accruing
vacation and sick leave above what is permitted to

managerial/confidential employees of the state. Finally, any other
payment, not explicitly permitted, would be counted against the
salary cap.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
This bill will allow many school districts
across the state to either to save money or to reallocate vital
resources. The estimated statewide cost savings for salary alone are
$26,765,858.

EFFECTIVE DATE:
Immediately, with provisions.

2011-S3624 (ACTIVE) - Bill Text download pdf

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

                                  3624

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- 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 salaries of adminis-
  trators

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

  Section  1. The education law is amended by adding a new article 57 to
read as follows:
                               ARTICLE 57
                       SALARIES OF ADMINISTRATORS
SECTION 2901. SALARIES OF ADMINISTRATORS.
  S 2901. SALARIES OF ADMINISTRATORS.  1. EXCEPT AS PROVIDED IN  ARTICLE
FORTY OF THIS CHAPTER, THE MAXIMUM ALLOWABLE ANNUAL SALARY FOR AN ADMIN-
ISTRATOR APPOINTED PURSUANT TO THIS TITLE SHALL BE:
  (A)  ONE  HUNDRED  TWENTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT OR
DISTRICTS WITH A TOTAL ENROLLMENT OF TWO HUNDRED FIFTY OR LESS;
  (B) ONE  HUNDRED  THIRTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT  OR
DISTRICTS  WITH A TOTAL ENROLLMENT OF GREATER THAN TWO HUNDRED FIFTY BUT
LESS THAN OR EQUAL TO SEVEN HUNDRED FIFTY;
  (C)  ONE  HUNDRED  FORTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT  OR
DISTRICTS  WITH  A  TOTAL ENROLLMENT OF GREATER THAN SEVEN HUNDRED FIFTY
BUT LESS THAN OR EQUAL TO FIFTEEN HUNDRED;
  (D)  ONE  HUNDRED  FIFTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT  OR
DISTRICTS  WITH  A  TOTAL ENROLLMENT OF GREATER THAN FIFTEEN HUNDRED BUT
LESS THAN OR EQUAL TO THREE THOUSAND;
  (E)  ONE  HUNDRED  SIXTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT  OR
DISTRICTS  WITH  A  TOTAL  ENROLLMENT OF GREATER THAN THREE THOUSAND BUT
LESS THAN OR EQUAL TO SIXTY-FIVE HUNDRED; AND
  (F) ONE HUNDRED SEVENTY-FIVE THOUSAND  DOLLARS  FOR  ANY  DISTRICT  OR
DISTRICTS WITH A TOTAL ENROLLMENT OF GREATER THAN SIXTY-FIVE HUNDRED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09142-08-1

S. 3624                             2

  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A)  "ADMINISTRATOR" SHALL INCLUDE SUPERINTENDENTS OF SCHOOLS, DEPUTY,
ASSISTANT, ASSOCIATE OR OTHER SUPERINTENDENTS, SCHOOL PRINCIPALS,  VICE,
ASSISTANT  AND OTHER PRINCIPALS AND ANY CHAIRPERSON, DIRECTOR, COORDINA-
TOR OR OTHER POSITION OF AN ADMINISTRATIVE NATURE. THE TERM  ADMINISTRA-
TOR  SHALL  NOT  HOWEVER INCLUDE ANY ADMINISTRATOR APPOINTED PURSUANT TO
ARTICLE FIFTY-TWO-A OF THIS TITLE; AND
  (B) "TOTAL ENROLLMENT" SHALL BE DETERMINED AT THE TIME THAT AN EMPLOY-
MENT CONTRACT OR OTHER AGREEMENT FOR AN ADMINISTRATOR IS  ENTERED  INTO,
RENEWED  OR  AMENDED AND SHALL BE THE MOST RECENT NUMBER REPORTED TO THE
COMMISSIONER PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS CHAPTER.
  3. FOR A DISTRICT OR DISTRICTS WITH A TOTAL ENROLLMENT OF TEN THOUSAND
OR MORE, A SCHOOL BOARD MAY APPROVE AFTER  A  PUBLIC  HEARING  A  SALARY
WAIVER ALLOWING A SALARY IN EXCESS OF THAT PROVIDED PURSUANT TO SUBDIVI-
SION  ONE  OF  THIS  SECTION. IF APPROVED BY THE LOCAL SCHOOL BOARD, THE
BOARD SHALL TRANSMIT SUCH WAIVER ALONG WITH A STATEMENT OF THE NEED  FOR
SUCH WAIVER TO THE COMMISSIONER FOR FINAL APPROVAL.
  4.  A  DISTRICT MAY PROVIDE FOR THE PAYMENT OF ALL OR A PORTION OF THE
COST OF INSURANCE BENEFITS  FOR  AN  ADMINISTRATOR,  INCLUDING  BUT  NOT
LIMITED TO HEALTH INSURANCE, DISABILITY INSURANCE, LIFE INSURANCE OR ANY
OTHER     FORM     OF    INSURANCE    BENEFIT    MADE    AVAILABLE    TO
MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE; PROVIDED THAT  ANY  SUCH
PAYMENTS  FOR  WHOLE LIFE, SPLIT DOLLAR OR OTHER LIFE INSURANCE POLICIES
HAVING A CASH VALUE SHALL BE INCLUDED IN THE TOTAL SALARY OF THE  ADMIN-
ISTRATOR  FOR  PURPOSES OF SUBDIVISION ONE OF THIS SECTION, AND PROVIDED
FURTHER THAT ANY PAYMENTS  FOR  THE  EMPLOYEE  CONTRIBUTION,  CO-PAY  OR
UNCOVERED  MEDICAL  EXPENSES UNDER A HEALTH INSURANCE PLAN ALSO SHALL BE
INCLUDED IN THE TOTAL SALARY OF THE ADMINISTRATOR.
  5. ANY PAYMENTS FOR TRANSPORTATION OR TRAVEL  EXPENSES  IN  EXCESS  OF
ACTUAL,  DOCUMENTED EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES AS AN
ADMINISTRATOR, AND ANY OTHER LUMP SUM PAYMENT NOT SPECIFICALLY  EXCLUDED
FROM  TOTAL  SALARY  PURSUANT  TO THIS SECTION, SHALL BE INCLUDED IN THE
TOTAL SALARY OF THE ADMINISTRATOR FOR PURPOSES OF THIS SECTION.
  6. IN NO EVENT SHALL ANY  ADMINISTRATOR  BE  PERMITTED  TO  ACCUMULATE
VACATION  OR SICK LEAVE CREDITS IN EXCESS OF THE VACATION AND SICK LEAVE
CREDITS MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE ARE PERMITTED  TO
ACCUMULATE  PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  STATE CIVIL
SERVICE COMMISSION, NOR MAY ANY ADMINISTRATOR AT THE TIME OF  SEPARATION
FROM  SERVICE  BE COMPENSATED FOR ACCRUED AND UNUSED VACATION CREDITS OR
SICK LEAVE, OR USE ACCRUED AND UNUSED SICK LEAVE FOR RETIREMENT  SERVICE
CREDIT OR TO PAY FOR HEALTH INSURANCE IN RETIREMENT, AT A RATE IN EXCESS
OF  THE RATE PERMITTED TO MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE
PURSUANT TO REGULATIONS OF THE STATE CIVIL SERVICE COMMISSION.
  7. NOTHING IN THIS SECTION SHALL PROHIBIT AN ADMINISTRATOR FROM  WAIV-
ING  ANY  RIGHTS  PROVIDED  FOR  IN AN EXISTING CONTRACT OR AGREEMENT AS
HEREAFTER  PROHIBITED  IN  FAVOR  OF  REVISED  COMPENSATION  OR  BENEFIT
PROVISIONS AS PERMITTED IN THIS SECTION.
  8.  THE  COMMISSIONER  MAY ADOPT REGULATIONS IN ORDER TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately; provided,  further,  that
the  limits  on  salary  and  compensation  of  district superintendents
imposed by this act shall only apply to all superintendents appointed or
reappointed after the date on which this act shall have  been  approved,
and  to  all  contracts  and  other agreements entered into, extended or

S. 3624                             3

amended on or after the date on which this act shall have become a  law,
and  nothing  herein  shall  impair  or reduce the ability of a district
superintendent to be compensated pursuant to  a  contract  or  agreement
entered into prior to the effective date of this act.

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Senate Bill S3624

Sponsored By

Archive: Last Bill Status - Stricken

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co-Sponsors

2011-S3624 (ACTIVE) - Details

2011-S3624 (ACTIVE) - Summary

2011-S3624 (ACTIVE) - Sponsor Memo

2011-S3624 (ACTIVE) - Bill Text download pdf

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Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - Stricken

Actions

co-Sponsors

Michael H. Ranzenhofer

2011-S3624 (ACTIVE) - Details

2011-S3624 (ACTIVE) - Summary

2011-S3624 (ACTIVE) - Sponsor Memo

2011-S3624 (ACTIVE) - Bill Text download pdf

Comments