Bill Text: NY A04812 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 4812 (Prior Session Legislation)

Introduced

Bill Title: Relates to attorneys fees for disciplinary proceedings.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2014-06-03 - held for consideration in education [A04812 Detail]

Download: New_York-2013-A04812-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4812
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2013
                                      ___________
       Introduced  by  M. of A. PERRY, NOLAN, BENEDETTO, GOLDFEDER, SIMANOWITZ,
         PAULIN -- read once and referred to the Committee on Education
       AN ACT to amend the education law, in relation to  attorney's  fees  for
         disciplinary proceedings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3020-a of the education law is amended by adding  a
    2  new subdivision 6 to read as follows:
    3    6.  ATTORNEY'S  FEES.  NOTWITHSTANDING  ANY  LAWS TO THE CONTRARY, ANY
    4  PRIVATE ATTORNEY RETAINED OR OTHERWISE EMPLOYED BY A SCHOOL DISTRICT  TO
    5  REPRESENT  THE  SCHOOL  DISTRICT  IN  ANY  PROCEEDINGS  PURSUANT TO THIS
    6  SECTION SHALL BE PAID AN HOURLY RATE NOT TO EXCEED THE HOURLY RATE  PAID
    7  TO  THE  HIGHEST  PAID ATTORNEY OR LEGAL OFFICER EMPLOYED AS A FULL-TIME
    8  EMPLOYEE BY THE SCHOOL DISTRICT. IN THE EVENT THAT THE  SCHOOL  DISTRICT
    9  DOES  NOT  EMPLOY A FULL-TIME ATTORNEY OR LEGAL OFFICER, THE HOURLY RATE
   10  OF THE HIGHEST PAID ATTORNEY OR LEGAL OFFICER EMPLOYED  AS  A  FULL-TIME
   11  EMPLOYEE  BY  THE  COUNTY  OR  COUNTIES  IN WHICH THE SCHOOL DISTRICT IS
   12  LOCATED SHALL NOT BE EXCEEDED. FOR THE PURPOSES OF THIS SUBDIVISION, THE
   13  HOURLY RATE SHALL BE COMPUTED BY DIVIDING ANNUAL SALARY OF THE  ATTORNEY
   14  OR LEGAL OFFICER BY THE TOTAL NUMBER OF HOURS THAT THE ATTORNEY OR LEGAL
   15  OFFICER  IS  REQUIRED  BY  LAW  OR  CONTRACTUAL AGREEMENT TO WORK IN ANY
   16  CALENDAR YEAR. PROVIDED, HOWEVER, THAT IF THE SCHOOL DISTRICT DESIRES TO
   17  PROVIDE FOR A COMPENSATION GREATER  THAN  WHAT  IS  AUTHORIZED  BY  THIS
   18  SUBDIVISION, THE SCHOOL DISTRICT MAY SEEK A WAIVER FROM THE REQUIREMENTS
   19  OF THIS SUBDIVISION FROM THE COMMISSIONER, UPON GOOD CAUSE SHOWN.
   20    S  2.  This  act  shall take effect immediately and shall be deemed to
   21  have been in full force and effect on and after April 1, 2013.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00071-01-3