Bill Text: NY S01413 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the termination of superintendents and any payment as compensation for the remainder of the superintendent's unserved employment contract.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-06 - PRINT NUMBER 1413A [S01413 Detail]
Download: New_York-2011-S01413-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1413
2011-2012 Regular Sessions
I N S E N A T E
January 7, 2011
___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
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:
1 Section 1. Section 1711 of the education law is amended by adding
2 three new subdivisions 3-a, 5 and 6 to read as follows:
3 3-A. (A) A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT, A
4 COMMON SCHOOL DISTRICT, A CENTRAL SCHOOL DISTRICT AND A CENTRAL HIGH
5 SCHOOL DISTRICT SHALL NOT MAKE ANY PAYMENT AS COMPENSATION FOR THE
6 REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT SHOULD EMPLOYMENT BE
7 TERMINATED FOR JUST CAUSE.
8 (B) IN ALL OTHER INSTANCES, A BOARD OF EDUCATION SHALL HAVE THE
9 AUTHORITY TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
10 AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT,
11 PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
12 OF TWENTY-FIVE PERCENT OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
13 THE CURRENT CONTRACT. IN THE EVENT THERE IS LESS THAN ONE FULL YEAR
14 REMAINING ON THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
15 TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
16 THE CONTRACT PROPORTIONALLY REDUCED TO REFLECT THE NUMBER OF MONTHS
17 REMAINING IN THE CONTRACT.
18 (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
19 RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED VACA-
20 TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
21 INSURANCE, AND TRAVEL EXPENSES.
22 (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
23 THE PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
24 TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
25 PRIOR TO SUCH PUBLIC NOTICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05319-01-1
S. 1413 2
1 5. (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE BROUGHT BY THE
2 BOARD OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
3 INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES, UPON AT
4 LEAST THIRTY DAYS NOTICE, BEFORE AN INDEPENDENT HEARING OFFICER WHO
5 SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
6 SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
7 INTENDENT. THE HEARING OFFICER MAY BE SELECTED BY MUTUAL AGREEMENT
8 BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
9 NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
10 DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
11 AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR A LIST OF
12 THREE QUALIFIED HEARING OFFICERS. THEREAFTER, THE BOARD OF EDUCATION
13 SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
14 HEARING OFFICERS TO SELECT THE HEARING OFFICER.
15 (B) A SUPERINTENDENT SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
16 SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT A PUBLIC
17 OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
18 MINE AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
19 OTHER TANGIBLE EVIDENCE, TO HAVE ALL TESTIMONY GIVEN UNDER OATH, TO
20 RECEIVE WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
21 AND TO RECEIVE FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE HEARING
22 OFFICER'S DECISION SHALL BE FINAL UPON THE PARTIES, SUBJECT TO THEIR
23 RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
24 EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
25 TRANSCRIBE ALL PROCEEDINGS.
26 (C) ANY CRITICISMS OR COMPLAINTS WHICH HAVE NOT BEEN PREVIOUSLY
27 FORWARDED TO THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
28 CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO THE
29 SUPERINTENDENT BY THE BOARD OF EDUCATION MORE THAN EIGHTEEN MONTHS
30 BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT SUCH A HEARING
31 AGAINST THE SUPERINTENDENT. THE HEARING OFFICER SHALL STRIKE FROM THE
32 WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST THE SUPERINTEN-
33 DENT. SUCH LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
34 WOULD, IF PROVED IN A COURT OF COMPETENT JURISDICTION, CONSTITUTE A
35 CRIME.
36 (D) THE HEARING OFFICER SHALL, UPON THE CONCLUSION OF THE HEARING,
37 PREPARE AND SUBMIT A WRITTEN DECISION, WHICH DECISION SHALL INCLUDE
38 FINDINGS OF FACT AND A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
39 EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
40 ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT TO APPEAL
41 THE DECISION OF THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
42 TION.
43 (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
44 CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE BOARD OF
45 EDUCATION SHALL REIMBURSE THE SUPERINTENDENT FOR HIS OR HER COSTS AND
46 ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
47 6. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
48 VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
49 INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
50 AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
51 CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
52 S 2. Section 2507 of the education law is amended by adding three new
53 subdivisions 3, 4 and 5 to read as follows:
54 3. (A) A BOARD OF EDUCATION SHALL NOT MAKE ANY PAYMENT AS COMPENSATION
55 FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT SHOULD
56 EMPLOYMENT BE TERMINATED FOR JUST CAUSE.
S. 1413 3
1 (B) IN ALL OTHER INSTANCES, A BOARD OF EDUCATION SHALL HAVE THE
2 AUTHORITY TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
3 AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT,
4 PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
5 OF TWENTY-FIVE PERCENT OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
6 THE CURRENT CONTRACT. IN THE EVENT THERE IS LESS THAN ONE FULL YEAR
7 REMAINING ON THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
8 TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
9 THE CONTRACT PROPORTIONALLY REDUCED TO REFLECT THE NUMBER OF MONTHS
10 REMAINING IN THE CONTRACT.
11 (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
12 RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED VACA-
13 TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
14 INSURANCE, AND TRAVEL EXPENSES.
15 (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
16 THE PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
17 TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
18 PRIOR TO SUCH PUBLIC NOTICE.
19 4. (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE BROUGHT BY THE
20 BOARD OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
21 INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES, UPON AT
22 LEAST THIRTY DAYS NOTICE, BEFORE AN INDEPENDENT HEARING OFFICER WHO
23 SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
24 SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
25 INTENDENT. THE HEARING OFFICER MAY BE SELECTED BY MUTUAL AGREEMENT
26 BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
27 NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
28 DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
29 AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR A LIST OF
30 THREE QUALIFIED HEARING OFFICERS. THEREAFTER, THE BOARD OF EDUCATION
31 SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
32 HEARING OFFICERS TO SELECT THE HEARING OFFICER.
33 (B) A SUPERINTENDENT SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
34 SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT A PUBLIC
35 OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
36 MINE AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
37 OTHER TANGIBLE EVIDENCE, TO HAVE ALL TESTIMONY GIVEN UNDER OATH, TO
38 RECEIVE WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
39 AND TO RECEIVE FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE HEARING
40 OFFICER'S DECISION SHALL BE FINAL UPON THE PARTIES, SUBJECT TO THEIR
41 RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
42 EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
43 TRANSCRIBE ALL PROCEEDINGS.
44 (C) ANY CRITICISMS OR COMPLAINTS WHICH HAVE NOT BEEN PREVIOUSLY
45 FORWARDED TO THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
46 CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO THE
47 SUPERINTENDENT BY THE BOARD OF EDUCATION MORE THAN EIGHTEEN MONTHS
48 BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT SUCH A HEARING
49 AGAINST THE SUPERINTENDENT. THE HEARING OFFICER SHALL STRIKE FROM THE
50 WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST THE SUPERINTEN-
51 DENT. SUCH LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
52 WOULD, IF PROVED IN A COURT OF COMPETENT JURISDICTION, CONSTITUTE A
53 CRIME.
54 (D) THE HEARING OFFICER SHALL, UPON THE CONCLUSION OF THE HEARING,
55 PREPARE AND SUBMIT A WRITTEN DECISION, WHICH DECISION SHALL INCLUDE
56 FINDINGS OF FACT AND A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
S. 1413 4
1 EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
2 ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT TO APPEAL
3 THE DECISION OF THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
4 TION.
5 (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
6 CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE BOARD OF
7 EDUCATION SHALL REIMBURSE THE SUPERINTENDENT FOR HIS OR HER COSTS AND
8 ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
9 5. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
10 VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
11 INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
12 AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
13 CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
14 S 3. Section 2565 of the education law is amended by adding three new
15 subdivisions 4, 5 and 6 to read as follows:
16 4. (A) A BOARD OF EDUCATION SHALL NOT MAKE ANY PAYMENT AS COMPENSATION
17 FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT SHOULD
18 EMPLOYMENT BE TERMINATED FOR JUST CAUSE.
19 (B) IN ALL OTHER INSTANCES, A BOARD OF EDUCATION SHALL HAVE THE
20 AUTHORITY TO NEGOTIATE WITH THE SUPERINTENDENT A COMPENSATION AGREEMENT
21 AS PAYMENT FOR THE REMAINDER OF THE SUPERINTENDENT'S UNSERVED CONTRACT,
22 PROVIDED HOWEVER, NO BOARD OF EDUCATION SHALL MAKE ANY PAYMENT IN EXCESS
23 OF TWENTY-FIVE PERCENT OF AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
24 THE CURRENT CONTRACT. IN THE EVENT THERE IS LESS THAN ONE FULL YEAR
25 REMAINING ON THE CONTRACT, THE COMPENSATION AGREEMENT SHALL NOT EXCEED
26 TWENTY-FIVE PERCENT OF THE AVERAGE ANNUAL COMPENSATION PROVIDED FOR IN
27 THE CONTRACT PROPORTIONALLY REDUCED TO REFLECT THE NUMBER OF MONTHS
28 REMAINING IN THE CONTRACT.
29 (C) FOR THE PURPOSE OF THIS SUBDIVISION, COMPENSATION SHALL MEAN SALA-
30 RY AND BENEFITS INCLUDING, BUT NOT LIMITED TO: ACCRUED AND UNUSED VACA-
31 TION OR SICK LEAVE CREDITS, HEALTH INSURANCE, DISABILITY INSURANCE, LIFE
32 INSURANCE, AND TRAVEL EXPENSES.
33 (D) AT THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCATION,
34 THE PUBLIC SHALL BE NOTIFIED OF THE INITIATION OF NEGOTIATIONS PURSUANT
35 TO PARAGRAPH (B) OF THIS SUBDIVISION. NO NEGOTIATIONS SHALL BE FINALIZED
36 PRIOR TO SUCH PUBLIC NOTICE.
37 (E) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY
38 SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
39 5. (A) CHARGES AGAINST A SUPERINTENDENT MAY ONLY BE BROUGHT BY THE
40 BOARD OF EDUCATION AND ALL SUCH CHARGES SHALL BE IN WRITING. THE SUPER-
41 INTENDENT SHALL BE ENTITLED TO A FAIR HEARING ON SAID CHARGES, UPON AT
42 LEAST THIRTY DAYS NOTICE, BEFORE AN INDEPENDENT HEARING OFFICER WHO
43 SHALL BE AN ATTORNEY AT LAW IN GOOD STANDING IN THIS STATE. THE HEARING
44 SHALL BE IN EXECUTIVE OR PUBLIC SESSION, AT THE OPTION OF THE SUPER-
45 INTENDENT. THE HEARING OFFICER MAY BE SELECTED BY MUTUAL AGREEMENT
46 BETWEEN THE SUPERINTENDENT AND THE BOARD OF EDUCATION OR, IN THE EVENT
47 NO SUCH AGREEMENT IS REACHED WITHIN FIFTEEN DAYS AFTER THE SUPERINTEN-
48 DENT'S RECEIPT OF THE WRITTEN CHARGES, A REQUEST SHALL BE MADE TO THE
49 AMERICAN ARBITRATION ASSOCIATION, BY THE SUPERINTENDENT FOR A LIST OF
50 THREE QUALIFIED HEARING OFFICERS. THEREAFTER, THE BOARD OF EDUCATION
51 SHALL HAVE THREE BUSINESS DAYS FROM THE RECEIPT OF THE LIST OF QUALIFIED
52 HEARING OFFICERS TO SELECT THE HEARING OFFICER.
53 (B) A SUPERINTENDENT SHALL BE ENTITLED TO DUE PROCESS PROTECTION AT
54 SUCH HEARING, INCLUDING BUT NOT LIMITED TO THE RIGHT TO ELECT A PUBLIC
55 OR PRIVATE HEARING; TO BE REPRESENTED BY COUNSEL, TO PRESENT, CROSS-EXA-
56 MINE AND SUBPOENA WITNESSES, TO SUBPOENA DOCUMENTS, PAPERS, LETTERS, OR
S. 1413 5
1 OTHER TANGIBLE EVIDENCE, TO HAVE ALL TESTIMONY GIVEN UNDER OATH, TO
2 RECEIVE WITHOUT COST AN ACCURATE WRITTEN TRANSCRIPT OF THE PROCEEDINGS;
3 AND TO RECEIVE FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE HEARING
4 OFFICER'S DECISION SHALL BE FINAL UPON THE PARTIES, SUBJECT TO THEIR
5 RESPECTIVE RIGHTS TO APPEAL IN ACCORDANCE WITH LAW. THE DISTRICT, AT ITS
6 EXPENSE, SHALL PROVIDE A CERTIFIED SHORTHAND OR COURT REPORTER WHO SHALL
7 TRANSCRIBE ALL PROCEEDINGS.
8 (C) ANY CRITICISMS OR COMPLAINTS WHICH HAVE NOT BEEN PREVIOUSLY
9 FORWARDED TO THE SUPERINTENDENT IN ACCORDANCE WITH THIS SUBDIVISION OR
10 CHARGES BASED UPON AN ALLEGATION WHICH WAS MADE KNOWN IN WRITING TO THE
11 SUPERINTENDENT BY THE BOARD OF EDUCATION MORE THAN EIGHTEEN MONTHS
12 BEFORE THE CHARGE IS FILED, SHALL NOT BE ADMISSIBLE AT SUCH A HEARING
13 AGAINST THE SUPERINTENDENT. THE HEARING OFFICER SHALL STRIKE FROM THE
14 WRITTEN CHARGE OR CHARGES ANY SUCH CHARGE MADE AGAINST THE SUPERINTEN-
15 DENT. SUCH LIMITATION SHALL NOT APPLY WHERE SUCH COMPLAINTS OR CHARGES
16 WOULD, IF PROVED IN A COURT OF COMPETENT JURISDICTION, CONSTITUTE A
17 CRIME.
18 (D) THE HEARING OFFICER SHALL, UPON THE CONCLUSION OF THE HEARING,
19 PREPARE AND SUBMIT A WRITTEN DECISION, WHICH DECISION SHALL INCLUDE
20 FINDINGS OF FACT AND A DISPOSITION OF EACH CHARGE. BOTH THE BOARD OF
21 EDUCATION AND SUPERINTENDENT SHALL BE BOUND BY THE DECISION OF THE HEAR-
22 ING OFFICER. BOTH PARTIES SHALL, HOWEVER, RETAIN THEIR RIGHT TO APPEAL
23 THE DECISION OF THE HEARING OFFICER TO A COURT OF COMPETENT JURISDIC-
24 TION.
25 (E) IF THE CHARGES AGAINST THE SUPERINTENDENT ARE DEEMED ARBITRARY AND
26 CAPRICIOUS AT SUCH HEARING OR AFTER ANY APPEAL THEREFROM, THE BOARD OF
27 EDUCATION SHALL REIMBURSE THE SUPERINTENDENT FOR HIS OR HER COSTS AND
28 ATTORNEYS FEES INCURRED IN DEFENSE OF THE CHARGES OR APPEAL.
29 (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY
30 SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
31 6. ALL CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDI-
32 VISION SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. ANY CONTRACTS
33 INCONSISTENT WITH PROVISIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE
34 AND EFFECT, PROVIDED THAT ANY RENEWAL BY THE BOARD OF EDUCATION OF SUCH
35 CONTRACT SHALL CONTAIN THE PROVISIONS SET FORTH IN THIS SECTION.
36 S 4. This act shall take effect July 1, 2012.
