§ 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;\nremoval from office for violations of salary and benefit caps. 1. The\ncommissioner shall annually review whether district superintendents are\nin full compliance with the provisions of subparagraph two of paragraph\na of subdivision four of section nineteen hundred fifty of this title.\nIt shall be the duty of each such superintendent to report each such\nviolation.\n 2. The commissioner shall withhold from the state salary paid to a\ndistrict superintendent pursuant to this article twice the value of each\nsuch violation, unless the commissioner determines that the violation\nwas inadvertent, in which case the commissioner shall withhold the value\nof such violation.\n 3. In addition to the remedy described in subdivision two of this\nsection, a district superintendent shall be removed from office, and the\noffice deemed vacated, upon a finding by the commissioner that a\ndistrict superintendent has intentionally, knowingly or repeatedly\nviolated the provisions of subparagraph two of paragraph a of\nsubdivision four of section nineteen hundred fifty of this title, or has\nknowingly failed to report such violation voluntarily pursuant to\nsubdivision one of this section. Upon such a finding and after affording\nthe district superintendent the opportunity for a hearing, the\ncommissioner shall take all necessary steps to remove the district\nsuperintendent from office.\n