S T A T E O F N E W Y O R K
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4201
2019-2020 Regular Sessions
I N A S S E M B L Y
February 1, 2019
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to allowing the Yonkers
city school district to become an independent school district
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 2554-d
to read as follows:
§ 2554-D. DISSOLUTION AND REORGANIZATION OF THE YONKERS CITY SCHOOL
DISTRICT. 1. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER
GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE YONKERS CITY SCHOOL
DISTRICT SUPERINTENDENT SHALL DISSOLVE THE CURRENT YONKERS CITY SCHOOL
DISTRICT AND ORGANIZE A NEW YONKERS CITY SCHOOL DISTRICT IN ACCORDANCE
WITH SECTIONS FIFTEEN HUNDRED FOUR AND FIFTEEN HUNDRED FIVE OF THIS
TITLE IF THE QUALIFIED VOTERS OF THE YONKERS CITY SCHOOL DISTRICT, BY A
MAJORITY VOTE TAKEN AT AN ANNUAL OR SPECIAL MEETING OF SUCH DISTRICT,
SHALL ADOPT A PROPOSITION TO ALLOW THE DISSOLUTION AND REORGANIZATION OF
SUCH SCHOOL DISTRICT. SUCH ORDER SHALL SPECIFY A DATE ON WHICH THE SAME
SHALL TAKE EFFECT, AND SHALL HAVE THE SAME EFFECT AS AN ORDER MADE BY A
DISTRICT SUPERINTENDENT DISSOLVING SUCH CITY SCHOOL DISTRICT AND FORMING
A NEW DISTRICT THEREFROM. A COPY OF SUCH ORDER SHALL BE FILED WITH THE
CLERK OF THE NEW YONKERS CITY SCHOOL DISTRICT. THE NEW YONKERS CITY
SCHOOL DISTRICT SHALL BE INDEPENDENT FROM THE CITY OF YONKERS.
2. THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS
ARTICLE NOTWITHSTANDING, THE BOARD OF EDUCATION IN THE CITY OF YONKERS
SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY:
(A) TO ESTABLISH POLICIES REGARDING THE CONDUCT AND ACTIVITIES OF THE
SCHOOL DISTRICT WORKFORCE;
(B) TO REVIEW, APPROVE AND FILE WITH THE MAYOR, PURSUANT TO SECTION
TWENTY-FIVE HUNDRED SEVENTY-SIX OF THIS ARTICLE, THE ANNUAL ITEMIZED
ESTIMATE OF REVENUES, EXPENSES AND INDEBTEDNESS AND CAPITAL PLAN FOR THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04855-01-9
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DISTRICT, WHICH BUDGET AND CAPITAL PLAN SHALL INCLUDE MULTI-YEAR PROJEC-
TIONS OF REVENUES, EXPENSES, INDEBTEDNESS AND CAPITAL NEEDS;
(C) TO MAKE APPROPRIATIONS AND INCUR INDEBTEDNESS, CONSISTENT WITH THE
ADOPTED BUDGET AND CAPITAL PLAN;
(D) TO AUTHORIZE CONTRACTS FOR GOODS AND SERVICES IN EXCESS OF TWO
HUNDRED FIFTY THOUSAND DOLLARS PER YEAR;
(E) TO MONITOR THE DISTRICT'S REVENUES AND EXPENSES; AND, IN ITS
DISCRETION, AUDIT THE SAME;
(F) TO ADOPT, IN ITS DISCRETION, A RESOLUTION ESTABLISHING THE OFFICE
OF AUDITOR AND APPOINT AN AUDITOR WHO SHALL HOLD SUCH POSITION SUBJECT
TO THE PLEASURE OF THE BOARD OF EDUCATION. THE AUDITOR SHALL REPORT TO
AND WORK UNDER THE DIRECTION OF THE PRESIDENT OF THE BOARD OF EDUCATION.
NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT TO THE OFFICE OF AUDITOR WHO
SHALL BE A MEMBER OF THE BOARD OF EDUCATION OR THE SUPERINTENDENT OF
SCHOOLS. NO PERSON APPOINTED TO THE OFFICE OF AUDITOR SHALL SERVE SIMUL-
TANEOUSLY IN ANY OTHER POSITION OR CAPACITY WITHIN THE DISTRICT. THE
BOARD OF EDUCATION, AT ANY TIME AFTER THE ESTABLISHMENT OF THE OFFICE OF
AUDITOR, MAY ADOPT A RESOLUTION ABOLISHING THE OFFICE. WHEN THE OFFICE
OF AUDITOR SHALL HAVE BEEN ESTABLISHED AND AN 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 THERE-
AFTER BE EXERCISED BY SUCH AUDITOR, SUBJECT TO THE RULES AND REGULATIONS
OF THE BOARD OF EDUCATION, DURING THE CONTINUANCE OF THE OFFICE;
(G) TO ASSIGN, IN ITS DISCRETION AND IN FURTHERANCE OF ITS POWERS AND
DUTIES, BY A TWO-THIRDS VOTE OF THE BOARD OF EDUCATION, SUBJECT TO SUCH
PARAMETERS AND CRITERIA AS IT MAY AUTHORIZE, A COMMITTEE OF THE BOARD OF
EDUCATION OR ONE OR MORE EMPLOYEES, STAFF OR CONTRACTORS OF THE BOARD OF
EDUCATION TO SERVE AS AN EXAMINER WITH POWER TO CONDUCT INVESTIGATIONS
AND HEARINGS ON BEHALF OF THE BOARD OF EDUCATION. EACH EXAMINER SHALL
HAVE THE POWER TO SUBPOENA WITNESSES, ADMINISTER OATHS, AND REQUIRE THE
PRODUCTION OF BOOKS, PAPERS AND OTHER DOCUMENTS AND INFORMATION MATERIAL
TO THE INVESTIGATION OR HEARING. EACH EXAMINER SHALL CONCLUDE AND REPORT
THE RESULT OF ANY SUCH INVESTIGATION OR HEARING TO THE BOARD OF EDUCA-
TION NO LATER THAN SIX MONTHS AFTER THE DATE OF AUTHORIZATION OF SUCH
INVESTIGATION OR HEARING;
(H) TO OVERRIDE, WITHIN THREE WORKDAYS AFTER RECEIVING A MESSAGE OF
VETO, BY A TWO-THIRDS VOTE OF THE BOARD OF EDUCATION, VETOES BY THE
SUPERINTENDENT OF SCHOOLS OF ITS ACTS OR RESOLUTIONS; AND
(I) TO ADOPT SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE
ITS POWERS AND DUTIES.
3. THE SUPERINTENDENT OF SCHOOLS OF THE CITY OF YONKERS SHALL POSSESS
THE FOLLOWING POWERS AND BE CHARGED WITH THE FOLLOWING DUTIES:
(A) TO PREPARE FOR THE BOARD OF EDUCATION'S REVIEW AND APPROVAL THE
ANNUAL ITEMIZED ESTIMATE OF DISTRICT REVENUES, EXPENSES, INDEBTEDNESS
AND CAPITAL PLAN PURSUANT TO SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX OF
THIS ARTICLE, WHICH BUDGET AND CAPITAL PLAN SHALL INCLUDE MULTI-YEAR
PROJECTIONS OF REVENUES, EXPENSES, INDEBTEDNESS AND CAPITAL NEEDS AND BE
IN A FORMAT APPROVED BY THE BOARD OF EDUCATION AND MAYOR;
(B) TO PREPARE AND SUBMIT, IN A FORMAT APPROVED BY THE BOARD OF EDUCA-
TION AND MAYOR, BIMONTHLY REPORTS TO THE BOARD OF EDUCATION AND THE
MAYOR SUMMARIZING THE DISTRICT'S ACTUAL REVENUES, EXPENSES, AND INDEBT-
EDNESS AND CONTRASTING THE SAME WITH THE ANNUAL ESTIMATES;
(C) TO AUTHORIZE CONTRACTS FOR GOODS AND SERVICES IN AMOUNTS LESS THAN
TWO HUNDRED FIFTY THOUSAND DOLLARS PER YEAR;
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(D) TO APPROVE OR VETO, WITHIN FIVE WORKDAYS AFTER APPROVAL BY THE
BOARD OF EDUCATION, ALL ACTS OR RESOLUTIONS OF THE BOARD OF EDUCATION,
PROVIDED, HOWEVER THAT THE SUPERINTENDENT SHALL HAVE NO VETO POWER OVER
MATTERS RELATED TO BOARD OF EDUCATION HEARINGS OR INVESTIGATIONS OR THE
HIRING, PUNISHMENT, OR DISMISSAL OF THE SUPERINTENDENT OR AS TO MATTERS
WITHIN THE INTERNAL AFFAIRS OF THE BOARD OF EDUCATION, INCLUDING THE
HIRING, SUPERVISION OR DISMISSAL OF SCHOOL BOARD EMPLOYEES, STAFF, OR
CONTRACTORS; AND
(E) TO LIAISON WITH AND REPRESENT THE SCHOOL DISTRICT BEFORE ALL OTHER
POLITICAL SUBDIVISIONS, STATE AND FEDERAL OFFICIALS AND AGENCIES.
§ 2. Subdivisions 2 and 3 of section 2553 of the education law, as
added by chapter 242 of the laws of 1974, are amended to read as
follows:
2. In the city school districts of the cities of Rochester, YONKERS
and Syracuse the members of such board of education shall be chosen by
the voters at large at either a general or municipal election, or at
both. In the city school district of the city of Buffalo the members of
such board of education shall be chosen pursuant to the provisions of
subdivision ten of this section.
[3. In the city school district of the city of Yonkers members of the
board of education shall be appointed from the city at large by the
mayor and shall be for terms of five years each, to begin on the first
Tuesday in May.]
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the commissioner of
education is authorized to promulgate any and all rules and regulations
and take any other measures necessary to implement this act on its
effective date on or before such date and provided further that Yonkers
city school district board members serving in office on the effective
date of this act may continue in office for the remainder of their term,
provided, however, that a vacancy occurring other than by the expiration
of term for such school board members in office on the effective date
of this act shall be filled subject to the provisions of this act.