Bill Text: NY A00756 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to attorney's fees for disciplinary proceedings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-06-06 - held for consideration in education [A00756 Detail]

Download: New_York-2017-A00756-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           756
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced by M. of A. PERRY, BENEDETTO, 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    § 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, 2017.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06431-01-7