Thanks to Steve Epstein by way of Joe Dragone for making us aware of this Bill.

 

 

A bill has been submitted in the NYS Senate to limit the salaries of ALL administrators, not just Superintendents. See the actual text below for the horrendous details.  

 

 

 

Sponsor: FUSCHILLO / Co-sponsor(s): RANZENHOFER / Committee: EDUCATION / Law Section: Education Law

S3624-2011 Actions

• Feb 28, 2011: REFERRED TO EDUCATION

S3624-2011 Memo

BILL NUMBER:S3624              REVISED 02/28/11

TITLE OF BILL:

An act

to amend the education law, in relation to salaries of administrators

PURPOSE:

To limit the salaries of school administrators on the basis

of school district enrollment.

SUMMARY OF PROVISIONS:

Section 1 of the bill creates a tiered salary

cap structure for school administrators based on district enrollment;

it provides for a waiver after a school board vote for district with

an enrollment of 10,000 or more.

For purposes of calculating salary, a school district may pay for

insurance benefits, but cash value life insurance policies shall

count against the salary limit; a district may pay for actual travel

expenses, but any other transportation costs shall count against the

salary limit; any other lump sum payment shall be counted against the

salary limit.

An administrator shall not be permitted to accrue sick or vacation

credits in excess of that allowed for managerial/confidential

employees under the Civil Service Law.

Section 2 provides the effective date

JUSTIFICATION:

The pay of school superintendents and other school

administrators in many school districts across the state is grossly

out of line with the present economic realities of those districts and

the state. In some districts in Long Island, the superintendent's

salary is twice that of the state's governor. By placing sensible

caps on administrative salaries based on district enrollment, this

bill intends to ease market pressures and bring administrative

salaries back in line with reality, allowing school districts to

better manage these difficult economic times.

To make meaningful the salary cap, this bill would limit other forms

of payments beyond salary. A district may pay for an administrator's

insurance benefits (health, disability, life, etc.) outside of the

cap, but any payment for cash value life insurance shall be counted

against the salary cap. If a district chose to pay for employee

insurance contributions, co-pays, etc., that too would be counted

against the cap. A district may pay for actual transportation/travel

costs, but any other transportation/travel costs shall be counted

against the cap.

Additionally, administrators would be prohibited from accruing

vacation and sick leave above what is permitted to

managerial/confidential employees of the state. Finally, any other

payment, not explicitly permitted, would be counted against the

salary cap.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to the state.

LOCAL FISCAL IMPLICATIONS:

This bill will allow many school districts

across the state to either to save money or to reallocate vital

resources. The estimated statewide cost savings for salary alone are

$26,765,858.

EFFECTIVE DATE:

Immediately, with provisions.

S3624-2011 Text

 S T A T E   O F   N E W   Y O R K

 3624

 2011-2012 Regular Sessions

 I N  SENATE

 February 28, 2011

 Introduced by Sen. FUSCHILLO -- 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 salaries of adminis

 trators

 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM

 BLY, DO ENACT AS FOLLOWS:

Section  1. The education law is amended by adding a new article 57 to

 read as follows:

 ARTICLE 57

 SALARIES OF ADMINISTRATORS

 SECTION 2901. SALARIES OF ADMINISTRATORS.

S 2901. SALARIES OF ADMINISTRATORS.  1. EXCEPT AS PROVIDED IN  ARTICLE

 FORTY OF THIS CHAPTER, THE MAXIMUM ALLOWABLE ANNUAL SALARY FOR AN ADMIN

 ISTRATOR APPOINTED PURSUANT TO THIS TITLE SHALL BE:

 (A)  ONE  HUNDRED  TWENTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT OR

 DISTRICTS WITH A TOTAL ENROLLMENT OF TWO HUNDRED FIFTY OR LESS;

 (B) ONE  HUNDRED  THIRTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT  OR

 DISTRICTS  WITH A TOTAL ENROLLMENT OF GREATER THAN TWO HUNDRED FIFTY BUT

 LESS THAN OR EQUAL TO SEVEN HUNDRED FIFTY;

 (C)  ONE  HUNDRED  FORTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT  OR

 DISTRICTS  WITH  A  TOTAL ENROLLMENT OF GREATER THAN SEVEN HUNDRED FIFTY

 BUT LESS THAN OR EQUAL TO FIFTEEN HUNDRED;

 (D)  ONE  HUNDRED  FIFTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT  OR

 DISTRICTS  WITH  A  TOTAL ENROLLMENT OF GREATER THAN FIFTEEN HUNDRED BUT

 LESS THAN OR EQUAL TO THREE THOUSAND;

 (E)  ONE  HUNDRED  SIXTY-FIVE  THOUSAND  DOLLARS  FOR  A  DISTRICT  OR

 DISTRICTS  WITH  A  TOTAL  ENROLLMENT OF GREATER THAN THREE THOUSAND BUT

 LESS THAN OR EQUAL TO SIXTY-FIVE HUNDRED; AND

 (F) ONE HUNDRED SEVENTY-FIVE THOUSAND  DOLLARS  FOR  ANY  DISTRICT  OR

 DISTRICTS WITH A TOTAL ENROLLMENT OF GREATER THAN SIXTY-FIVE HUNDRED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

 [ ] is old law to be omitted.

 LBD09142-08-1

       S. 3624                             2

 2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE

 THE FOLLOWING MEANINGS:

 (A)  "ADMINISTRATOR" SHALL INCLUDE SUPERINTENDENTS OF SCHOOLS, DEPUTY,

 ASSISTANT, ASSOCIATE OR OTHER SUPERINTENDENTS, SCHOOL PRINCIPALS,  VICE,

 ASSISTANT  AND OTHER PRINCIPALS AND ANY CHAIRPERSON, DIRECTOR, COORDINA

 TOR OR OTHER POSITION OF AN ADMINISTRATIVE NATURE. THE TERM  ADMINISTRA

 TOR  SHALL  NOT  HOWEVER INCLUDE ANY ADMINISTRATOR APPOINTED PURSUANT TO

 ARTICLE FIFTY-TWO-A OF THIS TITLE; AND

 (B) "TOTAL ENROLLMENT" SHALL BE DETERMINED AT THE TIME THAT AN EMPLOY

 MENT CONTRACT OR OTHER AGREEMENT FOR AN ADMINISTRATOR IS  ENTERED  INTO,

 RENEWED  OR  AMENDED AND SHALL BE THE MOST RECENT NUMBER REPORTED TO THE

 COMMISSIONER PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIR

 TY-SIX HUNDRED TWO OF THIS CHAPTER.

 3. FOR A DISTRICT OR DISTRICTS WITH A TOTAL ENROLLMENT OF TEN THOUSAND

 OR MORE, A SCHOOL BOARD MAY APPROVE AFTER  A  PUBLIC  HEARING  A  SALARY

 WAIVER ALLOWING A SALARY IN EXCESS OF THAT PROVIDED PURSUANT TO SUBDIVI

 SION  ONE  OF  THIS  SECTION. IF APPROVED BY THE LOCAL SCHOOL BOARD, THE

 BOARD SHALL TRANSMIT SUCH WAIVER ALONG WITH A STATEMENT OF THE NEED  FOR

 SUCH WAIVER TO THE COMMISSIONER FOR FINAL APPROVAL.

 4.  A  DISTRICT MAY PROVIDE FOR THE PAYMENT OF ALL OR A PORTION OF THE

 COST OF INSURANCE BENEFITS  FOR  AN  ADMINISTRATOR,  INCLUDING  BUT  NOT

 LIMITED TO HEALTH INSURANCE, DISABILITY INSURANCE, LIFE INSURANCE OR ANY

 OTHER     FORM     OF    INSURANCE    BENEFIT    MADE    AVAILABLE    TO

 MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE; PROVIDED THAT  ANY  SUCH

 PAYMENTS  FOR  WHOLE LIFE, SPLIT DOLLAR OR OTHER LIFE INSURANCE POLICIES

 HAVING A CASH VALUE SHALL BE INCLUDED IN THE TOTAL SALARY OF THE  ADMIN

 ISTRATOR  FOR  PURPOSES OF SUBDIVISION ONE OF THIS SECTION, AND PROVIDED

 FURTHER THAT ANY PAYMENTS  FOR  THE  EMPLOYEE  CONTRIBUTION,  CO-PAY  OR

 UNCOVERED  MEDICAL  EXPENSES UNDER A HEALTH INSURANCE PLAN ALSO SHALL BE

 INCLUDED IN THE TOTAL SALARY OF THE ADMINISTRATOR.

 5. ANY PAYMENTS FOR TRANSPORTATION OR TRAVEL  EXPENSES  IN  EXCESS  OF

 ACTUAL,  DOCUMENTED EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES AS AN

 ADMINISTRATOR, AND ANY OTHER LUMP SUM PAYMENT NOT SPECIFICALLY  EXCLUDED

 FROM  TOTAL  SALARY  PURSUANT  TO THIS SECTION, SHALL BE INCLUDED IN THE

 TOTAL SALARY OF THE ADMINISTRATOR FOR PURPOSES OF THIS SECTION.

 6. IN NO EVENT SHALL ANY  ADMINISTRATOR  BE  PERMITTED  TO  ACCUMULATE

 VACATION  OR SICK LEAVE CREDITS IN EXCESS OF THE VACATION AND SICK LEAVE

 CREDITS MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE ARE PERMITTED  TO

 ACCUMULATE  PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  STATE CIVIL

 SERVICE COMMISSION, NOR MAY ANY ADMINISTRATOR AT THE TIME OF  SEPARATION

 FROM  SERVICE  BE COMPENSATED FOR ACCRUED AND UNUSED VACATION CREDITS OR

 SICK LEAVE, OR USE ACCRUED AND UNUSED SICK LEAVE FOR RETIREMENT  SERVICE

 CREDIT OR TO PAY FOR HEALTH INSURANCE IN RETIREMENT, AT A RATE IN EXCESS

 OF  THE RATE PERMITTED TO MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE

 PURSUANT TO REGULATIONS OF THE STATE CIVIL SERVICE COMMISSION.

 7. NOTHING IN THIS SECTION SHALL PROHIBIT AN ADMINISTRATOR FROM  WAIV

 ING  ANY  RIGHTS  PROVIDED  FOR  IN AN EXISTING CONTRACT OR AGREEMENT AS

 HEREAFTER  PROHIBITED  IN  FAVOR  OF  REVISED  COMPENSATION  OR  BENEFIT

 PROVISIONS AS PERMITTED IN THIS SECTION.

 8.  THE  COMMISSIONER  MAY ADOPT REGULATIONS IN ORDER TO IMPLEMENT THE

 PROVISIONS OF THIS SECTION.

S 2. This act shall take effect immediately; provided,  further,  that

 the  limits  on  salary  and  compensation  of  district superintendents

 imposed by this act shall only apply to all superintendents appointed or

 reappointed after the date on which this act shall have  been  approved,

 and  to  all  contracts  and  other agreements entered into, extended or

       S. 3624                             3

 amended on or after the date on which this act shall have become a  law,

 and  nothing  herein  shall  impair  or reduce the ability of a district

 superintendent to be compensated pursuant to  a  contract  or  agreement

 entered into prior to the effective date of this act.