2006 New York Code - Enforcement Of Applicable Law, Regulations And Directives; Establishment Of Appeal Board.

 
    §  2590-l.  Enforcement of applicable law, regulations and directives;
  establishment of appeal board. * 1. (a)  If,  in  the  judgment  of  the
  chancellor    any    community   district   education   council   and/or
  superintendent fails to comply with any applicable  provisions  of  law,
  by-laws,  rules or regulations, standards, directives and agreements, he
  or she may, in addition to or as an alternative to  any  other  remedies
  authorized  by this article, including subdivision thirty-one of section
  twenty-five hundred ninety-h of this article, issue an  order  requiring
  the  community district education council and/or superintendent to cease
  its improper conduct or to take required action and consistent with  the
  provisions  of this article and the educational and operational policies
  of the city board, may enforce that order  by  the  use  of  appropriate
  means, including:
    (i)  supersession  of  the community district education council and/or
  superintendent by the chancellor or one or more  trustees  appointed  by
  him who may be, notwithstanding any other provision of law, employees of
  the  city  board with respect to those powers and duties or decisions of
  such community district education council and/or  superintendent  deemed
  necessary to ensure compliance with the order; and
    (ii) suspension or removal of the community district education council
  and/or superintendent or any member or members thereof.
    (b)  Prior  to  the  enforcement  of  any  order authorized under this
  section, the chancellor shall provide an opportunity  for  conciliation,
  except  that  the  chancellor without conciliation may suspend or remove
  one or more members of a  community  district  education  council  or  a
  community  superintendent  where  the conduct (i) is criminal in nature;
  (ii) poses an immediate danger to the safety or welfare of  students  or
  any  school  staff  or  employee,  or  (iii)  in  the  judgment  of  the
  chancellor, is  contrary  to  the  best  interest  of  the  city  school
  district.
    * NB Effective until June 30, 2009
    * 1.  (a)  If,  in  the judgment of the chancellor any community board
  and/or superintendent fails to comply with any applicable provisions  of
  law,   by-laws,   rules   or   regulations,  standards,  directives  and
  agreements, he or she may, in addition to or as an  alternative  to  any
  other   remedies  authorized  by  this  article,  including  subdivision
  thirty-one of section twenty-five  hundred  ninety-h  of  this  article,
  issue  an  order  requiring the community board and/or superintendent to
  cease its improper conduct or to take  required  action  and  consistent
  with  the provisions of this article and the educational and operational
  policies of the city board,  may  enforce  that  order  by  the  use  of
  appropriate means, including:
    (i)  supersession  of the community board and/or superintendent by the
  chancellor or one  or  more  trustees  appointed  by  him  who  may  be,
  notwithstanding  any other provision of law, employees of the city board
  with respect to those powers and duties or decisions of  such  community
  board  and/or  superintendent deemed necessary to ensure compliance with
  the order; and
    (ii)  suspension  or   removal   of   the   community   board   and/or
  superintendent or any member or members thereof.
    (b)  Prior  to  the  enforcement  of  any  order authorized under this
  section, the chancellor shall provide an opportunity  for  conciliation,
  except  that  the  chancellor without conciliation may suspend or remove
  one or more members of a community board or a  community  superintendent
  where  the  conduct  (i)  is criminal in nature; (ii) poses an immediate
  danger to the safety or welfare of  students  or  any  school  staff  or
  employee, or (iii) in the judgment of the chancellor, is contrary to the
  best interest of the city school district.
    * NB Effective June 30, 2009
    2.  The  community  board  or  any  suspended or removed member and/or
  superintendent thereof may, within fifteen days after issuance  of  such
  order,  file  an  appeal  with  the city board acting as an appeal board
  pursuant to subdivision ten of section twenty-five hundred  ninety-g  of
  this article.
    * 2-a.  A  member  of  a  community  district education council may be
  removed upon a finding  that  the  member  willfully,  intentionally  or
  knowingly  interfered with or was involved in the hiring, appointment or
  assignment of employees other than as specifically  authorized  in  this
  article.  Such  a  finding,  unless  judicially  overturned  pursuant to
  article seventy-eight  of  the  civil  practice  law  and  rules,  shall
  permanently  disqualify  that  member  from  employment,  contracting or
  membership with or on any community district education  council  or  the
  city  board  or  any  employment  or contractual relationship, direct or
  indirect, with the city district, any community district, or any  public
  school in such districts.
    * NB Effective until June 30, 2009
    * 2-a.  A  member  of a community school district board may be removed
  upon a finding that the member  willfully,  intentionally  or  knowingly
  interfered with or was involved in the hiring, appointment or assignment
  of employees other than as specifically authorized in this article. Such
  a   finding,   unless   judicially   overturned   pursuant   to  article
  seventy-eight of the civil practice law  and  rules,  shall  permanently
  disqualify  that  member from employment, contracting or membership with
  or on any community board  or  the  city  board  or  any  employment  or
  contractual  relationship,  direct  or indirect, with the city district,
  any community district, or any public school in such districts.
    * NB Effective June 30, 2009