S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6755
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 30, 2019
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT authorizing the commissioner of education, in  consultation  with
   the  comptroller  to  appoint  a monitor to oversee the Rochester City
   school district and establishing the powers and duties of the monitor;
   and providing for the repeal of such provisions upon expiration there-
   of
 
   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)  "Monitor" shall mean the person appointed pursuant to section two
 of this act.
   (b) "Board of education" or "board" shall mean the board of  education
 of the Rochester City school district.
   (c)  "Superintendent"  shall  mean the superintendent of the Rochester
 City school district.
   (d) "Commissioner" shall mean the commissioner of education.
   (e) "School district" or "district"  shall  mean  the  Rochester  City
 school district.
   (f) "Comptroller" shall mean the state comptroller.
   (g)  "Relatives"  shall  mean  a  Rochester City school district board
 member's spouse, domestic partner, child, stepchild, stepparent, or  any
 person  who  is  a  direct descendant of the grandparents of the current
 board member or of the board member's spouse or domestic partner.
   § 2. Appointment. (a) The commissioner of education  shall  appoint  a
 monitor,  subject  to  appropriation, to provide direct oversight of the
 fiscal  policies,  practices,  programs  and  decisions  of  the  school
 district, the board of education and the superintendent. The commission-
 er  of  education  shall  provide the monitor with technical support and
 assistance for the purposes of carrying out his or her duties under this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13879-01-9
              

 S. 6755                             2
 
 act, if requested by the monitor. The monitor shall serve at the  pleas-
 ure of the commissioner of education.
   (b)  The  monitor shall be paid a fixed salary set by the commissioner
 of education and shall be reimbursed for actual and  necessary  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.
   (c) 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
 school district at the time of his or her appointment. The monitor shall
 have experience in school district finances and, to the extent practica-
 ble, shall have experience in one or more of the following areas:
   (i) elementary and secondary education;
   (ii) the operation of school districts in New York;
   (iii) educating students with disabilities; or
   (iv) educating English language learners.
   §  3.  (a) The monitor shall be entitled to attend all meetings of the
 board, including executive  sessions;  provided  however,  such  monitor
 shall  not  be  considered  for purposes of establishing a quorum of the
 board. The school  district  shall  fully  cooperate  with  any  monitor
 appointed by the commissioner of education, including but not limited to
 providing  such  monitor  with  access  to  any  necessary documents and
 records of the  district  including  access  to  electronic  information
 systems,  databases and planning documents, consistent with all applica-
 ble state and federal statutes including 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.  The conflict of interest policy shall include, but not be
 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; and
   (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.
   § 4. Financial plan. The financial plan shall be hereinafter known  as
 the  "plan".  (a) No later than November first, two thousand twenty, the
 board, in consultation with the monitor, shall develop a proposed finan-
 cial plan for the two thousand twenty--two  thousand  twenty-one  school
 year  and  the  four  subsequent  school years. The financial plan shall
 ensure that annual aggregate operating expenses shall not exceed  annual
 aggregate  operating  revenues  for  such school year and that the major

 S. 6755                             3
 
 operating funds of the district be balanced in accordance with generally
 accepted accounting principles.  The financial plan shall include state-
 ments of all estimated revenues, expenditures, and cash flow projections
 of the district.
   (b)  Prior  to  submitting the proposed plan to the monitor for review
 and approval of the monitor, the board  of  education  shall  conduct  a
 public hearing on the plans and consider the input of the community. The
 proposed  plan  shall  be made public on the district's website at least
 three business days before such public hearing. Once the proposed finan-
 cial plan has been adopted by the board of education, such plan shall be
 submitted to the monitor for final approval.
   (c) No later than fifteen calendar days after submitting the  proposed
 plan  to the monitor, unless the monitor needs additional information to
 make an informed decision, the monitor shall approve or  disapprove  the
 financial plan. In the event the monitor shall disapprove such plan, the
 monitor  shall  promptly provide the board written notice of its reasons
 for disapproval. Within fifteen calendar days from the receipt  of  such
 notice,  the  board shall modify the rejected plan. If the modified plan
 is approved by the monitor, the  board  of  education  shall  adopt  and
 implement  such  plan. If the modified plan is not approved by the moni-
 tor, the monitor shall impose a plan of his or her own formulation,  and
 the  board shall then adopt and implement such plan. The final financial
 plan shall be made available to the public, including on the  district's
 website, at least three business days after adoption.
   § 5. Fiscal and operational oversight by the commissioner of education
 and the comptroller.
   (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  and, to the greatest extent possible, is
 consistent with the financial plan. The monitor shall present its  find-
 ings  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 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. Nothing
 in this act shall be construed to abrogate the duties  and  responsibil-
 ities  of  the  school district consistent with applicable state law and
 regulations.
   (b) The district shall provide quarterly reports to  the  monitor  and
 annual  reports  to  the  commissioner and comptroller 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. In
 addition, the monitors shall provide an annual report to the commission-
 er and comptroller on all  contracts  that  the  district  entered  into
 throughout the year.
   (c)  The  comptroller shall annually conduct a general fiscal audit of
 the 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 a superintendent by the board of education. If the moni-
 tor disapproves of the appointment, then the board shall recommend a new

 S. 6755                             4

 candidate for the monitor to approve or disapprove until an  appointment
 is approved by the monitor.
   (e) The monitor shall have the authority to approve or deny all travel
 outside the district paid for by the school 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 part 100.11 of the  commissioner  of
 education's  regulations in developing district goals, implementation of
 district priorities or budgetary recommendations.
   (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,
 2025, when upon such date the provisions of this  act  shall  be  deemed
 repealed.