N.Y. Education Law § 2212-b: Mandatory withholding of excess salaries and benefits; removal from office for violations of salary and benefit caps

§ 2212-b. Mandatory withholding of excess salaries and benefits;

removal from office for violations of salary and benefit caps. 1. The

commissioner shall annually review whether district superintendents are

in full compliance with the provisions of subparagraph two of paragraph

a of subdivision four of section nineteen hundred fifty of this title.

It shall be the duty of each such superintendent to report each such

violation.

2. The commissioner shall withhold from the state salary paid to a

district superintendent pursuant to this article twice the value of each

such violation, unless the commissioner determines that the violation

was inadvertent, in which case the commissioner shall withhold the value

of such violation.

3. In addition to the remedy described in subdivision two of this

section, a district superintendent shall be removed from office, and the

office deemed vacated, upon a finding by the commissioner that a

district superintendent has intentionally, knowingly or repeatedly

violated the provisions of subparagraph two of paragraph a of

subdivision four of section nineteen hundred fifty of this title, or has

knowingly failed to report such violation voluntarily pursuant to

subdivision one of this section. Upon such a finding and after affording

the district superintendent the opportunity for a hearing, the

commissioner shall take all necessary steps to remove the district

superintendent from office.