New York Consolidated Laws, Education Law - EDN § 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.