S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8422
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 17, 2019
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Education
 
 AN ACT authorizing the commissioner of education, in  consultation  with
   the  comptroller  to  appoint a state monitor to oversee the Wyandanch
   union free school district and establishing the powers and  duties  of
   the  state  monitor;  and  providing for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Definitions. For the purposes of this act:
   (a)  "State  monitor"  or  "monitor"  shall  mean the person appointed
 pursuant to section two of this act, or an interim person  appointed  to
 such position.
   (b)  "Board"  shall mean the board of education of the Wyandanch union
 free school district.
   (c) "Superintendent" shall mean the superintendent  of  the  Wyandanch
 union free school district.
   §  2.  Appointment.  (a) The commissioner of education shall appoint a
 state monitor subject to appropriation, who  shall  have  experience  in
 school district finance, to provide direct oversight of the fiscal poli-
 cies,  practices,  programs  and  decisions  of the Wyandanch union free
 school district, the board of  education  and  the  superintendent.  The
 commissioner  of  education  shall  provide  the  monitor with technical
 support and assistance for the purposes  of  carrying  out  his  or  her
 duties  under  this  act,  if  requested by the state monitor. The state
 monitor shall serve at the pleasure of the commissioner of education.
   (b) The commissioner of education shall have the authority to  appoint
 a  state  monitor  on an interim basis during the search for a permanent
 appointment and in the event of resignation, death, incapacity,  or  any
 other reason which causes the monitor to be unable to perform his or her
 duties  and  until  such time as a permanent state monitor is appointed.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11225-06-9

 A. 8422                             2
 
 Any state monitor appointed on an interim basis shall  have  the  powers
 and duties of the state monitor contained in this act.
   (c)  The  state  monitor  shall  be a state employee as defined in the
 public officers law, and shall be paid a fixed salary set by the commis-
 sioner of education and shall be reimbursed for actual expenses incurred
 in the performance of his or her duties including travel  and  supplies.
 The  costs associated with the implementation of this act shall be borne
 by the state and shall be paid through a state appropriation.
   (d) Notwithstanding any other provision of general or special law, the
 earnings limitations contained in any such general or special law, local
 law and/or charter and applicable to the  employment  of  persons  in  a
 position  or  positions  in  public  service  in any calendar year while
 retired and receiving a retirement allowance  shall  not  apply  to  any
 appointment authorized by this act. If applicable, the state monitor may
 continue as retired and without loss, suspension or diminution of his or
 her  retirement  allowance  provided  that  such individual is granted a
 waiver of retirement earnings limitation by the comptroller.
   (e) The monitor shall be a non-voting ex-officio member of the  school
 board.    The  monitor  shall  be an individual who is not a resident or
 employee of the school district or a relative of board  members  of  the
 Wyandanch union free school district at the time of their appointment.
   §  3.  (a) The monitor shall be entitled to attend all meetings of the
 board, including executive sessions; provided however, such  monitor  or
 monitors  shall  not be considered for purposes of establishing a quorum
 of the board. The Wyandanch union free school district shall fully coop-
 erate with any monitor  appointed  by  the  commissioner  of  education,
 including  but  not  limited  to providing such monitor or monitors with
 access to any necessary documents and records of the district  including
 access  to  electronic information systems, databases and planning docu-
 ments, consistent with all applicable state and federal statutes includ-
 ing but not limited to the Family Educational  Rights  and  Privacy  Act
 (FERPA) (20 U.S.C. § 1232g) and section 2-d of the education law.
   (b)  The  board,  in  consultation  with  the  monitor,  shall adopt a
 conflict of interest policy that complies with all  existing  applicable
 laws  and  regulations  and  ensures  that  its board members act in the
 school  district's  best  interest  and  comply  with  applicable  legal
 requirements, including but not limited to:
   (i)  a  definition  of the circumstances that constitute a conflict of
 interest;
   (ii) procedures for disclosing a conflict of interest to the board;
   (iii) a requirement that the person with the conflict of interest  not
 participate  in  board deliberation or vote on the matter giving rise to
 such conflict, provided that nothing in this subdivision shall  prohibit
 the  board from requesting that the person with the conflict of interest
 present information as background or answer questions at a board meeting
 prior to the commencement of deliberations or voting relating thereto;
   (iv) a prohibition against any attempt by the person with the conflict
 to influence improperly the deliberation or voting on the matter  giving
 rise to such conflict;
   (v) a requirement that the existence and resolution of the conflict be
 documented in the board's records, including in the minutes of any meet-
 ing at which the conflict was discussed or voted upon;
   (vi)  a  board  member is not, and in the past two years has not been,
 employed by the board; and
   (vii) a board member is not, and in the past two years has  not  been,
 employed by an entity that received remuneration valued at more than one

 A. 8422                             3
 
 thousand  dollars  for  goods  and services provided to the board or the
 school district or received  any  other  form  of  financial  assistance
 valued  at  more  than one thousand dollars from the board or the school
 district.
   §  4. Financial plan. The financial plan shall be hereinafter known as
 the "plan". The financial  plan  shall  contain  actions  sufficient  to
 ensure,  with  respect to the major operating funds for each fiscal year
 of the plan, that annual aggregate operating expenses  for  such  fiscal
 year  shall  not  exceed  annual  aggregate  operating revenues for such
 fiscal year. Each financial plan and financial plan  modification  shall
 provide  that the major operating funds of the district will be balanced
 in accordance with generally accepted accounting principles. The  school
 district shall develop the financial plan to be reviewed and approved by
 the  monitor.  The  plan  may,  from  time to time, be modified upon the
 approval of the monitor. The financial plan shall include statements  of
 all estimated revenues and of all expenditures and cash flow projections
 of  the district.  Not later than November first, two thousand nineteen,
 the district, in consultation with the state  monitor  shall  develop  a
 proposed  financial  plan  for  the  two thousand nineteen--two thousand
 twenty fiscal year and the four subsequent fiscal years.  The  financial
 plan  shall  contain  actions sufficient to ensure that annual aggregate
 operating expenses for such fiscal year shall not exceed  annual  aggre-
 gate  operating revenues for such fiscal year and that the major operat-
 ing funds of the district will be balanced in accordance with  generally
 accepted  accounting  principles.  The  proposed financial plan shall be
 made public, including on the district website, and available  at  least
 three business days before a public hearing is held. The board of educa-
 tion  of the Wyandanch union free school district shall conduct a public
 hearing as soon as practicable after  the  proposed  financial  plan  is
 developed  and shall consider the input of the community before adopting
 the plan. Once the proposed financial plan has been adopted by the board
 of education, such plan shall be submitted  to  the  state  monitor  for
 final approval. Not later than fifteen calendar days after submission to
 the  monitor, unless the monitor needs additional information to make an
 informed decision, the monitor shall approve or disapprove the plan.  In
 the  event  the  monitor  shall  disapprove such plan, the monitor shall
 promptly thereafter notify the district of its reasons.  Within  fifteen
 calendar  days from the receipt of such notification, the district shall
 modify the rejected plan. If the plan modification is  approved  by  the
 monitor,  the board of education shall adopt and implement such plan. If
 the plan modification is not approved by the monitor, the monitor  shall
 impose a plan of his/her own formulation, and the board shall then adopt
 and  implement  such plan. The final financial plan shall be made avail-
 able to the public, including on the district website,  at  least  three
 business days after adoption.
   § 5. Fiscal and operational oversight by the commissioner of education
 and  the  comptroller. During the effective period of this act the comp-
 troller shall undertake an enhanced review of the district budget.
   (a) The board of education shall annually submit the school district's
 proposed budget for the next succeeding school year to  the  monitor  no
 later  than  45 days before the date scheduled for the school district's
 budget vote.  The monitor shall review the  proposed  budget  to  ensure
 that  it is balanced within the context of revenue and expenditure esti-
 mates and mandated programs. The monitor shall present its  findings  to
 the board of education no later than 30 days prior to the date scheduled
 for  the school district's budget vote. The board of education, with the

 A. 8422                             4
 
 approval of the monitor shall make adjustments to  the  proposed  budget
 consistent  with  any  recommendations  made  by the monitor. The school
 district shall make available on the  district's  website:  the  initial
 proposed  budget;  the monitor's findings; and the final proposed budget
 prior to the date of the school district's budget vote.
   (b) The district shall provide reports, on a quarterly basis,  to  the
 monitor,  and/or at such other times as may be requested by the monitor,
 and the district shall annually provide to the  commissioner  and  comp-
 troller  reports  on  the  fiscal  and  operational status of the school
 district to ensure that it maintains a  balanced  budget  in  accordance
 with  subdivision (a) of this section, including a list of all contracts
 that the district entered into throughout the year.
   (c) The comptroller shall annually conduct a general fiscal  audit  of
 the  Wyandanch  union  free school district, and the district shall post
 the comptroller's audit and  the  board's  response  on  the  district's
 website.
   (d)  The  monitor  shall  have  the power to approve or disapprove the
 appointment of the superintendent by the  board  of  education.  If  the
 monitor disapproves of the appointment, then the board shall recommend a
 new candidate for the monitor to approve or disapprove until an appoint-
 ment is approved by the monitor.
   (e) The monitor shall have the authority to approve or deny all travel
 outside the district.
   (f)  The monitor shall have authority to approve or deny all contracts
 and expenditures of  the  district,  except  for  collective  bargaining
 agreements negotiated in accordance with article 14 of the civil service
 law.
   (g)  The monitor shall work with the district's shared decision-making
 committee formed in accordance with section 100.11 of  the  commissioner
 of  education's  regulations  in developing any academic plans, district
 goals, implementation of district priorities  or  budgetary  recommenda-
 tions.
   (h)  The monitor shall assist in resolving any disputes and conflicts,
 included but not limited to, those between the  superintendent  and  the
 board of education and among the members of the board of education.
   (i)  The  monitor  shall  attempt  to  engage  in cost saving measures
 including, but not limited to, shared service agreements.
   § 6. This act shall take effect immediately and shall expire June  30,
 2024,  when  upon  such  date the provisions of this act shall be deemed
 repealed.