NY State Senate Bill 2011-S3655

Archive: Last Bill Status - In Senate Committee Education Committee

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
Jan 04, 2012	referred to education
Feb 28, 2011	referred to education

co-Sponsors

2011-S3655 (ACTIVE) - Details

See Assembly Version of this Bill:: A6226
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3102, Ed L

2011-S3655 (ACTIVE) - Summary

Limits the salaries of school superintendents.

2011-S3655 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3655

TITLE OF BILL:

An act
to amend the education law, in relation to the salary cap for
school superintendents

PURPOSE:

This bill would limit the salaries of school superintendents based
upon student enrollment.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new § 3102 to the Education Law to
establish a limitation on the salaries of school superintendents,
except in a city school district in a city having a population of one
million inhabitants or more. Under the superintendent salary cap:

* Salaries of school superintendents would be capped based upon
student enrollment. Salaries of superintendents from school districts
with 250 or less students would be capped at $125,000. The salaries
would increase incrementally with the level of school enrollment and
the largest school districts (over 6,501 students) would be would be
capped at $175,000. Superintendent salaries would be limited as

follows:

                      School District     Superintendent
   Tier               Enrollment          Salary Cap

   1                  0 - 250             $125,000
   2                  251-750             $135,000
   3                  751-1,500           $145,000
   4                  1,501-3,000         $155,000
   5                  3,001-6,500         $165,000
   6                  6,501+              $175,000

* Local communities would have the ability to vote on overriding the
salary cap, limited only to specific contracts. These votes will be
held during normal school budget votes. In school districts that do
not hold an annual school budget vote, the mayor, city manager, or
fiscal control agency would have the ability to
approve an override of a superintendent's salary if it exceeds the
parameters laid out in this provision.

Section 2 provides that the bill would take effect immediately, but
will be applied only prospectively as contracts expire or are amended.

EXISTING LAW:

Currently, there is a salary cap for BOCES district superintendents,
set at a single flat salary level ($166,572), regardless of the
number of students enrolled in the school.
See Ed. Law § 1950(4)(a)(2).

JUSTIFICATION:

The Governor has made government reform and rightsizing a central
component of his Administration. Currently, more than 30 percent of
school superintendents in New York State earn more than $175,000
annually. This bill would cap the salaries of school superintendents
to bring those salaries back in line with other senior public
officials.

The cap would be based upon student enrollment, including the large
city school districts, whose superintendents tend to receive higher
salaries. Salaries of superintendents from school districts with 250
or less students would be capped at $125,000. The salaries would
increase incrementally with the level of school enrollment and the
largest school districts (over 6,501 students) would be would be
capped at $175,000.

Moreover, this bill preserves local control by allowing voters to
override the cap if the community believes it is in the best interest
of the school district.

LEGISLATIVE HISTORY:

This is a new bill.

BUDGET IMPLICATIONS:

This bill would save the approximately $15,000,000 in total for school
districts.

EFFECTIVE DATE:

This bill would take effect immediately, provided that this bill will
only apply to any employment contracts for persons serving as
superintendents that are entered into, amended or extended on or
after the effective date of this bill.

2011-S3655 (ACTIVE) - Bill Text download pdf

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

                                  3655

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  FUSCHILLO  -- (at request of the Governor) -- 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 the salary cap for
  school superintendents

  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 section 3102
to read as follows:
  S 3102. LIMITATION ON SALARY OF  SCHOOL  SUPERINTENDENTS.    1.  DEFI-
NITION.  FOR  PURPOSES  OF  THIS SECTION: (A) "SUPERINTENDENT" MEANS THE
SUPERINTENDENT OF SCHOOLS, EXCEPT IN A CITY SCHOOL DISTRICT  IN  A  CITY
HAVING A POPULATION OF ONE MILLION INHABITANTS OR MORE; AND
  (B) "TOTAL ANNUAL SALARY" MEANS THE TOTAL AMOUNT OF COMPENSATION TO BE
PAID TO A SUPERINTENDENT OR ADMINISTRATOR FOR SERVICES IN A SCHOOL YEAR,
PROVIDED  SUCH  TERM  SHALL  INCLUDE DEFERRED COMPENSATION EARNED DURING
THAT SCHOOL YEAR AND ANY LUMP-SUM CASH PAYMENTS MADE TO SUCH SUPERINTEN-
DENT OR ADMINISTRATOR IN SUCH SCHOOL YEAR.
  2. LIMITATION ON  SALARIES.    (A)  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISION  OF  LAW,  NO  EMPLOYMENT  CONTRACT  OF A SUPERINTENDENT SHALL
PROVIDE FOR A TOTAL ANNUAL SALARY IN EXCESS  OF  THE  FOLLOWING  LIMITA-
TIONS:
  (I)  ONE  HUNDRED  TWENTY-FIVE  THOUSAND DOLLARS ($125,000) FOR SCHOOL
DISTRICTS WHOSE TOTAL ENROLLMENT IS TWO HUNDRED FIFTY (250) STUDENTS  OR
LESS;
  (II)  ONE  HUNDRED  THIRTY-FIVE THOUSAND DOLLARS ($135,000) FOR SCHOOL
DISTRICTS WHOSE TOTAL ENROLLMENT IS BETWEEN TWO HUNDRED FIFTY-ONE  (251)
STUDENTS AND SEVEN HUNDRED FIFTY (750) STUDENTS;
  (III)  ONE  HUNDRED  FORTY-FIVE THOUSAND DOLLARS ($145,000) FOR SCHOOL
DISTRICTS WHOSE TOTAL ENROLLMENT  IS  BETWEEN  SEVEN  HUNDRED  FIFTY-ONE
(751) STUDENTS AND ONE THOUSAND FIVE HUNDRED (1,500) STUDENTS;
  (IV)  ONE  HUNDRED  FIFTY-FIVE  THOUSAND DOLLARS ($155,000) FOR SCHOOL
DISTRICTS WHOSE TOTAL ENROLLMENT IS BETWEEN ONE  THOUSAND  FIVE  HUNDRED
ONE (1,501) STUDENTS AND THREE THOUSAND (3,000) STUDENTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12018-04-1

S. 3655                             2

  (V)  ONE  HUNDRED  SIXTY-FIVE  THOUSAND  DOLLARS ($165,000) FOR SCHOOL
DISTRICTS WHOSE TOTAL ENROLLMENT IS BETWEEN THREE THOUSAND  ONE  (3,001)
STUDENTS AND SIX THOUSAND FIVE HUNDRED (6,500) STUDENTS; AND
  (VI)  ONE  HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000) FOR SCHOOL
DISTRICTS WHOSE TOTAL ENROLLMENT EXCEEDS SIX THOUSAND FIVE  HUNDRED  ONE
(6,501) STUDENTS.
  (B)  IN  NO  EVENT SHALL ANY SUPERINTENDENT 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 SUPERINTENDENT 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 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. IN ADDITION TO THE PAYMENT OF
SALARY, A SCHOOL DISTRICT MAY PROVIDE  FOR  THE  PAYMENT  OF  ALL  OR  A
PORTION  OF THE COST OF INSURANCE BENEFITS FOR A SUPERINTENDENT, INCLUD-
ING 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 ANNUAL SALARY OF  THE
SUPERINTENDENT  FOR  PURPOSES  OF THIS SUBDIVISION, 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  ANNUAL  SALARY  OF THE SUPERINTENDENT.   NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, PAYMENTS FOR  SUCH  INSURANCE  BENEFITS  MAY  BE
BASED ON THE SUPERINTENDENT'S TOTAL SALARY ONLY. ANY PAYMENTS FOR TRANS-
PORTATION  OR  TRAVEL  EXPENSES IN EXCESS OF ACTUAL, DOCUMENTED EXPENSES
INCURRED IN THE PERFORMANCE OF DUTIES FOR THE STATE, AND ANY OTHER  LUMP
SUM  PAYMENT NOT SPECIFICALLY EXCLUDED FROM TOTAL ANNUAL SALARY PURSUANT
TO THIS SUBDIVISION, SHALL BE INCLUDED IN THE TOTAL SALARY OF THE SUPER-
INTENDENT FOR PURPOSES OF THIS SUBDIVISION. NOTHING HEREIN SHALL PROHIB-
IT A SUPERINTENDENT FROM WAIVING ANY RIGHTS PROVIDED FOR IN AN  EXISTING
CONTRACT  OR  AGREEMENT  AS  HEREAFTER  PROHIBITED  IN  FAVOR OF REVISED
COMPENSATION OR BENEFIT PROVISIONS AS PERMITTED HEREIN.
  3. VOTE TO OVERRIDE. (A) IN SCHOOL DISTRICTS THAT  CONDUCT  AN  ANNUAL
MEETING  AND ELECTION PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER, THE
QUALIFIED VOTERS MAY VOTE TO OVERRIDE THE SALARY PROVISIONS  ESTABLISHED
PURSUANT   TO  THIS  SECTION  FOR  INDIVIDUAL  SUPERINTENDENT  CONTRACTS
PROVIDED THAT SUCH VOTE SHALL BE  HELD  CONCURRENTLY  WITH  SUCH  ANNUAL
DISTRICT MEETING OR ELECTION.
  (B)  IN  A  CITY  SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, THE MAYOR, CITY MANAG-
ER OR FISCAL CONTROL AGENCY, WHERE APPLICABLE, MAY APPROVE  AN  OVERRIDE
OF  THE SALARY PROVISIONS ESTABLISHED PURSUANT TO THIS SECTION FOR INDI-
VIDUAL SUPERINTENDENT CONTRACTS.
  (C) IN NO EVENT SHALL A  SUPERINTENDENT'S  SALARY  EXCEED  THE  SALARY
PROVISION  IN  THIS  SECTION  UNTIL  SUCH  TIME  AS AN OVERRIDE HAS BEEN
APPROVED BY SUCH SCHOOL DISTRICT PURSUANT TO THIS SUBDIVISION.
  S 2. This act  shall  take  effect  immediately;  provided,  that  the
provisions  of this act shall only apply to any employment contracts for
persons serving as superintendents that are  entered  into,  amended  or
extended on or after the date on which this act shall have become a law.

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Senate Bill S3655

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

2011-S3655 (ACTIVE) - Details

2011-S3655 (ACTIVE) - Summary

2011-S3655 (ACTIVE) - Sponsor Memo

2011-S3655 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

Shirley L. Huntley

Liz Krueger

William Larkin

Michael H. Ranzenhofer

2011-S3655 (ACTIVE) - Details

2011-S3655 (ACTIVE) - Summary

2011-S3655 (ACTIVE) - Sponsor Memo

2011-S3655 (ACTIVE) - Bill Text download pdf

Comments