S937-2011 - 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): LARKIN / Committee: GOVERNMENTAL EMPLOYEES
Law Section: Retirement and Social Security Law / Law: Amd S211, R & SS L

S937-2011 Actions

May 30, 2012: referred to governmental employees
May 30, 2012: DELIVERED TO ASSEMBLY
May 30, 2012: PASSED SENATE
Mar 5, 2012: ADVANCED TO THIRD READING
Mar 1, 2012: 2ND REPORT CAL.
Feb 29, 2012: 1ST REPORT CAL.255
Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
Jan 5, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S937-2011 Meetings

Civil Service and Pensions: Feb 29, 2012

S937-2011 Calendars

S937-2011 Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - Feb 29, 2012

Ayes (9): Golden, Fuschillo, Hannon, Lanza, Martins, Perkins, Dilan, Savino, Serrano
Ayes W/R (2): O'Mara, Addabbo
Nays (1): Little

VOTE: FLOOR VOTE: - May 30, 2012

Ayes (53): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Marcellino, Martins, Maziarz, McDonald, Nozzolio, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (6): Farley, Libous, Little, Montgomery, O'Mara, Robach
Excused (2): Diaz, Johnson

S937-2011 Memo

BILL NUMBER:S937

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

FISCAL IMPLICATIONS:
None.

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

S937-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           937
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sens. MARCELLINO, LARKIN -- read twice and ordered print
 ed, 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.
 LBD04374-01-1

S937-2011: Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year