S1501-2013 - NY Senate Open Legislation - Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year

Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year; provides for a waiver of such provision if such school district demonstrates undue hardship.

Sponsor: MARCELLINO / Co-sponsor(s): AVELLA
Law Section: Retirement and Social Security Law / Law: Amd S211, R & SS L

S1501-2013 Actions

Feb 27, 2013: ADVANCED TO THIRD READING
Feb 12, 2013: 2ND REPORT CAL.
Feb 11, 2013: 1ST REPORT CAL.57
Jan 9, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

S1501-2013 Meetings

Civil Service and Pensions: Feb 11, 2013

S1501-2013 Calendars

S1501-2013 Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - Feb 11, 2013

Ayes (8): Golden, Fuschillo, Hannon, Lanza, Martins, Savino, Dilan, Perkins
Ayes W/R (3): Ritchie, Sanders, Addabbo

S1501-2013 Memo

BILL NUMBER:S1501

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to the
employment of retired persons as superintendents of schools

PURPOSE: This legislation provides that retired
persons shall not be
employed as the superintendent of schools of a school district for
more than a year.

SUMMARY OF PROVISIONS: Section 211 of the retirement
and social
security law as amended by adding a new subdivision 4-a to provide
that retired persons shall not be employed as the superintendent of
schools of a school district for more than a year.

On or before the conclusion of the one year period, the district must
permanently fill the position of superintendent with a non-retired
person. The Commissioner of Education may grant a waiver from this
requirement if the district can prove a substantial hardship. The
Commissioner will determine the manner and form of the waiver process

JUSTIFICATION: It has become common practice to fill
vacant School
District Superintendent positions on a temporary basis with retired
education professionals. Under current law, retirees are allowed to
collect both their pension and a full salary from the school
district. Too often, these temporary situations continue for multiple
years without a permanent hire.

While at times districts struggle to immediately find a qualified
replacement, it should not take more than one calendar year to find a
suitable, permanent candidate to lead the school district. This
legislation will require that retired persons shall not be employed
as the superintendent of a school district for more than one year

By limiting these temporary, retiree hires to a one year term, a
younger group of educational professionals will be given and
opportunity to bring a fresh approach to school districts statewide.

LEGISLATIVE HISTORY: S.8171 of 2008 S.566-A of
2009/10. S.937 of 2011/12.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the
ninetieth day after
it shall have become a law.

S1501-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1501
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
 when printed to be committed to the Committee  on  Civil  Service  and
 Pensions
 AN  ACT  to amend the retirement and social security law, in relation to
 the employment of retired persons as superintendents of schools
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  211 of the retirement and social security law is
 amended by adding a new subdivision 4-a to read as follows:

 4-A. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  A
 RETIRED PERSON EMPLOYED UNDER THIS SECTION BY A SCHOOL DISTRICT TO SERVE
 AS  THE  SUPERINTENDENT  OF  SCHOOLS  FOR SUCH SCHOOL DISTRICT SHALL NOT
 SERVE AS SUCH SUPERINTENDENT FOR MORE THAN ONE YEAR.  ON OR  BEFORE  THE
 CONCLUSION  OF  SUCH ONE YEAR PERIOD SUCH SCHOOL DISTRICT SHALL FILL THE
 POSITION OF SUPERINTENDENT OF SCHOOLS WITH A  NON-RETIRED  PERSON  ON  A
 PERMANENT BASIS.
 (B)  THE  COMMISSIONER  OF  EDUCATION  MAY  GRANT  A  WAIVER  FROM THE
 PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO ANY  SCHOOL  DISTRICT
 THAT  DEMONSTRATES TO SUCH COMMISSIONER THAT AFTER DUE DILIGENCE A SUIT
 ABLE CANDIDATE TO FILL THE POSITION OF SUPERINTENDENT OF SCHOOLS HAS NOT
 BEEN FOUND AND THAT COMPLIANCE WITH PARAGRAPH (A)  OF  THIS  SUBDIVISION
 SHALL  CONSTITUTE  SUBSTANTIAL  HARDSHIP  TO  SUCH  SCHOOL DISTRICT. THE
 COMMISSIONER OF EDUCATION SHALL DETERMINE THE MANNER AND FORM IN WHICH A
 SCHOOL DISTRICT SHALL APPLY FOR A WAIVER PURSUANT TO THIS PARAGRAPH.
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03256-01-3

S1501-2013: Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year