Relates to the appointment of superintendents

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