Relates to the termination of superintendents and any payment as compensation for the remainder of the superintendent's unserved employment contract.
S1413A-2011 Actions
- Jan 6, 2012: PRINT NUMBER 1413A
- Jan 6, 2012: AMEND AND RECOMMIT TO EDUCATION
- Jan 4, 2012: REFERRED TO EDUCATION
- Jan 7, 2011: REFERRED TO EDUCATION
S1413A-2011 Memo
BILL NUMBER:S1413A TITLE OF BILL: An act to amend the education law, in relation to appointment of superintendents PURPOSE: To prohibit buyouts of superintendents when contracts are terminated for just cause. To limit buyouts of superintendents in all other instances. To require public disclosure by boards of education when negotiations of buyout agreements are commencing. SUMMARY OF PROVISIONS: Prohibits a board of education from making any payment as compensation for the remainder of a superintendent's unserved contract when the termination was for just cause. When the termination was not for cause, a board of education is authorized to negotiate a compensation agreement with the superintendent for an amount not in excess of twenty-five percent of the annual average compensation. Compensation is defined to mean salary and benefits. Requires the board of education, at the next regularly scheduled meeting of the board of education, to notify the public of the initiation of negotiations. This bill further specifies the due process procedures to be used to determine termination for just cause. JUSTIFICATION: At present a school board may remove a superintendent without cause and provide a significant severance package. In recent years, there have been at least nine cases across New York State where superintendents leave positions with large buyouts with little or no explanation ever provided to the public about the agreed upon terms and conditions. Two examples highlight this situation, in Middleburgh Central School District a superintendent was offered nearly $32,000 for unused vacation days, and in the City of Poughkeepsie its superintendent was likewise offered a buyout that included his full $163,500 annual salary including benefits for longer than one year. This bill prohibits a superintendent from receiving a severance package when termination was for just cause. In all other instances, this bill prohibits a superintendent from receiving a severance package in excess of twenty-five percent of the annual average compensation. Additionally, public disclosure by the board of education is required to notify taxpayers that negotiations for a severance package are commencing. By severely limiting buyouts and removing the secrecy that surrounds buyouts, this policy gives the public greater assurance that their taxpayer dollars are being used appropriately. LEGISLATIVE HISTORY: 2007-2008: S.1094A - Passed Senate 2006: S.7959 - Passed Senate FISCAL IMPLICATIONS: None. Local taxpayers will have assurance that superintendents are not inappropriately compensated in severance agreements. EFFECTIVE DATE: July 1, 2013
S1413A-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
1413--A
2011-2012 Regular Sessions
I N SENATE
January 7, 2011
___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- recommitted
to the Committee on Education in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law, in relation to appointment of super-
intendents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1711 of the education law is amended by adding
three new subdivisions 3-a, 5 and 6 to read as follows:
3-A. (A) A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT, A
COMMON SCHOOL DISTRICT, A CENTRAL SCHOOL DISTRICT AND A CENTRAL HIGH
SCHOOL DISTRICT SHALL NOT MAKE ANY PAYMENT AS COMPENSATION FOR THE
REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT SHOULD EMPLOYMENT BE
TERMINATED FOR JUST CAUSE.
(B) IN ALL OTHER INSTANCES, A BOARD OF EDUCATION SHALL HAVE THE
AUTHORITY TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF TWENTY-FIVE PERCENT OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CURRENT CONTRACT. IN THE EVENT THERE IS LESS THAN ONE FULL YEAR
REMAINING ON THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CONTRACT PROPORTIONALLY REDUCED TO REFLECT THE NUMBER OF MONTHS
REMAINING IN THE CONTRACT.
(C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05319-02-2
S. 1413--A 2
(D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.
5. (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE BROUGHT BY THE
BOARD OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES, UPON AT
LEAST THIRTY DAYS NOTICE, BEFORE AN INDEPENDENT HEARING OFFICER WHO
SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
INTENDENT. THE HEARING OFFICER MAY BE SELECTED BY MUTUAL AGREEMENT
BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR A LIST OF
THREE QUALIFIED HEARING OFFICERS. THEREAFTER, THE BOARD OF EDUCATION
SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
(B) A SUPERINTENDENT SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT A PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
OTHER TANGIBLE EVIDENCE, TO HAVE ALL TESTIMONY GIVEN UNDER OATH, TO
RECEIVE WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
AND TO RECEIVE FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE HEARING
OFFICER'S DECISION SHALL BE FINAL UPON THE PARTIES, SUBJECT TO THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
(C) ANY CRITICISMS OR COMPLAINTS WHICH HAVE NOT BEEN PREVIOUSLY
FORWARDED TO THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO THE
SUPERINTENDENT BY THE BOARD OF EDUCATION MORE THAN EIGHTEEN MONTHS
BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT SUCH A HEARING
AGAINST THE SUPERINTENDENT. THE HEARING OFFICER SHALL STRIKE FROM THE
WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST THE SUPERINTEN-
DENT. SUCH LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
WOULD, IF PROVED IN A COURT OF COMPETENT JURISDICTION, CONSTITUTE A
CRIME.
(D) THE HEARING OFFICER SHALL, UPON THE CONCLUSION OF THE HEARING,
PREPARE AND SUBMIT A WRITTEN DECISION, WHICH DECISION SHALL INCLUDE
FINDINGS OF FACT AND A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT TO APPEAL
THE DECISION OF THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
TION.
(E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE BOARD OF
EDUCATION SHALL REIMBURSE THE SUPERINTENDENT FOR HIS OR HER COSTS AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
6. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
S. 1413--A 3
S 2. Section 2507 of the education law is amended by adding three new
subdivisions 3, 4 and 5 to read as follows:
3. (A) A BOARD OF EDUCATION SHALL NOT MAKE ANY PAYMENT AS COMPENSATION
FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT SHOULD
EMPLOYMENT BE TERMINATED FOR JUST CAUSE.
(B) IN ALL OTHER INSTANCES, A BOARD OF EDUCATION SHALL HAVE THE
AUTHORITY TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF TWENTY-FIVE PERCENT OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CURRENT CONTRACT. IN THE EVENT THERE IS LESS THAN ONE FULL YEAR
REMAINING ON THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CONTRACT PROPORTIONALLY REDUCED TO REFLECT THE NUMBER OF MONTHS
REMAINING IN THE CONTRACT.
(C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.
(D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.
4. (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE BROUGHT BY THE
BOARD OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES, UPON AT
LEAST THIRTY DAYS NOTICE, BEFORE AN INDEPENDENT HEARING OFFICER WHO
SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
INTENDENT. THE HEARING OFFICER MAY BE SELECTED BY MUTUAL AGREEMENT
BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR A LIST OF
THREE QUALIFIED HEARING OFFICERS. THEREAFTER, THE BOARD OF EDUCATION
SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
(B) A SUPERINTENDENT SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT A PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
OTHER TANGIBLE EVIDENCE, TO HAVE ALL TESTIMONY GIVEN UNDER OATH, TO
RECEIVE WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
AND TO RECEIVE FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE HEARING
OFFICER'S DECISION SHALL BE FINAL UPON THE PARTIES, SUBJECT TO THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
(C) ANY CRITICISMS OR COMPLAINTS WHICH HAVE NOT BEEN PREVIOUSLY
FORWARDED TO THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO THE
SUPERINTENDENT BY THE BOARD OF EDUCATION MORE THAN EIGHTEEN MONTHS
BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT SUCH A HEARING
AGAINST THE SUPERINTENDENT. THE HEARING OFFICER SHALL STRIKE FROM THE
WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST THE SUPERINTEN-
DENT. SUCH LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
S. 1413--A 4
WOULD, IF PROVED IN A COURT OF COMPETENT JURISDICTION, CONSTITUTE A
CRIME.
(D) THE HEARING OFFICER SHALL, UPON THE CONCLUSION OF THE HEARING,
PREPARE AND SUBMIT A WRITTEN DECISION, WHICH DECISION SHALL INCLUDE
FINDINGS OF FACT AND A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT TO APPEAL
THE DECISION OF THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
TION.
(E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE BOARD OF
EDUCATION SHALL REIMBURSE THE SUPERINTENDENT FOR HIS OR HER COSTS AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
5. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
S 3. Section 2565 of the education law is amended by adding three new
subdivisions 4, 5 and 6 to read as follows:
4. (A) A BOARD OF EDUCATION SHALL NOT MAKE ANY PAYMENT AS COMPENSATION
FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT SHOULD
EMPLOYMENT BE TERMINATED FOR JUST CAUSE.
(B) IN ALL OTHER INSTANCES, A BOARD OF EDUCATION SHALL HAVE THE
AUTHORITY TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT,
PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
OF TWENTY-FIVE PERCENT OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CURRENT CONTRACT. IN THE EVENT THERE IS LESS THAN ONE FULL YEAR
REMAINING ON THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
THE CONTRACT PROPORTIONALLY REDUCED TO REFLECT THE NUMBER OF MONTHS
REMAINING IN THE CONTRACT.
(C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED VACA-
TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
INSURANCE, AND TRAVEL EXPENSES.
(D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
THE PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
PRIOR TO SUCH PUBLIC NOTICE.
(E) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
5. (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE BROUGHT BY THE
BOARD OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES, UPON AT
LEAST THIRTY DAYS NOTICE, BEFORE AN INDEPENDENT HEARING OFFICER WHO
SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
INTENDENT. THE HEARING OFFICER MAY BE SELECTED BY MUTUAL AGREEMENT
BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR A LIST OF
THREE QUALIFIED HEARING OFFICERS. THEREAFTER, THE BOARD OF EDUCATION
S. 1413--A 5
SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
HEARING OFFICERS TO SELECT THE HEARING OFFICER.
(B) A SUPERINTENDENT SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT A PUBLIC
OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
MINE AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
OTHER TANGIBLE EVIDENCE, TO HAVE ALL TESTIMONY GIVEN UNDER OATH, TO
RECEIVE WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
AND TO RECEIVE FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE HEARING
OFFICER'S DECISION SHALL BE FINAL UPON THE PARTIES, SUBJECT TO THEIR
RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
TRANSCRIBE ALL PROCEEDINGS.
(C) ANY CRITICISMS OR COMPLAINTS WHICH HAVE NOT BEEN PREVIOUSLY
FORWARDED TO THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO THE
SUPERINTENDENT BY THE BOARD OF EDUCATION MORE THAN EIGHTEEN MONTHS
BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT SUCH A HEARING
AGAINST THE SUPERINTENDENT. THE HEARING OFFICER SHALL STRIKE FROM THE
WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST THE SUPERINTEN-
DENT. SUCH LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
WOULD, IF PROVED IN A COURT OF COMPETENT JURISDICTION, CONSTITUTE A
CRIME.
(D) THE HEARING OFFICER SHALL, UPON THE CONCLUSION OF THE HEARING,
PREPARE AND SUBMIT A WRITTEN DECISION, WHICH DECISION SHALL INCLUDE
FINDINGS OF FACT AND A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT TO APPEAL
THE DECISION OF THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
TION.
(E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE BOARD OF
EDUCATION SHALL REIMBURSE THE SUPERINTENDENT FOR HIS OR HER COSTS AND
ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
(F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
6. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
S 4. This act shall take effect July 1, 2013.
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