New York A 4201: Allows the Yonkers city school district to become an independent school district

Bill Text

STATE OF NEW YORK
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4201
2019-2020 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The education law is amended by adding a new section 2554-d
2 to read as follows:
3 § 2554-d. Dissolution and reorganization of the Yonkers city school
4 district. 1. Notwithstanding the provisions of this chapter or any other
5 general, special, or local law to the contrary, the Yonkers city school
6 district superintendent shall dissolve the current Yonkers city school
7 district and organize a new Yonkers city school district in accordance
8 with sections fifteen hundred four and fifteen hundred five of this
9 title if the qualified voters of the Yonkers city school district, by a
10 majority vote taken at an annual or special meeting of such district,
11 shall adopt a proposition to allow the dissolution and reorganization of
12 such school district. Such order shall specify a date on which the same
13 shall take effect, and shall have the same effect as an order made by a
14 district superintendent dissolving such city school district and forming
15 a new district therefrom. A copy of such order shall be filed with the
16 clerk of the new Yonkers city school district. The new Yonkers city
17 school district shall be independent from the city of Yonkers.
18 2. The provisions of section twenty-five hundred fifty-four of this
19 article notwithstanding, the board of education in the city of Yonkers
20 shall have the power and it shall be its duty:
21 (a) to establish policies regarding the conduct and activities of the
22 school district workforce;
23 (b) to review, approve and file with the mayor, pursuant to section
24 twenty-five hundred seventy-six of this article, the annual itemized
25 estimate of revenues, expenses and indebtedness and capital plan for the
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD04855-01-9

A. 4201 2
1 district, which budget and capital plan shall include multi-year projec-
2 tions of revenues, expenses, indebtedness and capital needs;
3 (c) to make appropriations and incur indebtedness, consistent with the
4 adopted budget and capital plan;
5 (d) to authorize contracts for goods and services in excess of two
6 hundred fifty thousand dollars per year;
7 (e) to monitor the district's revenues and expenses; and, in its
8 discretion, audit the same;
9 (f) to adopt, in its discretion, a resolution establishing the office
10 of auditor and appoint an auditor who shall hold such position subject
11 to the pleasure of the board of education. The auditor shall report to
12 and work under the direction of the president of the board of education.
13 No person shall be eligible for appointment to the office of auditor who
14 shall be a member of the board of education or the superintendent of
15 schools. No person appointed to the office of auditor shall serve simul-
16 taneously in any other position or capacity within the district. The
17 board of education, at any time after the establishment of the office of
18 auditor, may adopt a resolution abolishing the office. When the office
19 of auditor shall have been established and an auditor shall have been
20 appointed and shall have qualified, the powers and duties of the board
21 of education, with respect to auditing accounts, charges, claims or
22 demands against the city school district shall devolve upon and there-
23 after be exercised by such auditor, subject to the rules and regulations
24 of the board of education, during the continuance of the office;
25 (g) to assign, in its discretion and in furtherance of its powers and
26 duties, by a two-thirds vote of the board of education, subject to such
27 parameters and criteria as it may authorize, a committee of the board of
28 education or one or more employees, staff or contractors of the board of
29 education to serve as an examiner with power to conduct investigations
30 and hearings on behalf of the board of education. Each examiner shall
31 have the power to subpoena witnesses, administer oaths, and require the
32 production of books, papers and other documents and information material
33 to the investigation or hearing. Each examiner shall conclude and report
34 the result of any such investigation or hearing to the board of educa-
35 tion no later than six months after the date of authorization of such
36 investigation or hearing;
37 (h) to override, within three workdays after receiving a message of
38 veto, by a two-thirds vote of the board of education, vetoes by the
39 superintendent of schools of its acts or resolutions; and