The land of make believe

24yrs1181 · January 03, 2016, 08:27:09 AM

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S05984 Summary:
BILL NO S05984

SAME AS SAME AS A08019

SPONSOR GOLDEN

COSPNSR

MLTSPNSR

Amd S305, Ed L

Relates to contracts for the transportation of school children.
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S05984 Actions:
BILL NO S05984

06/16/2015 REFERRED TO RULES
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S05984 Votes:
There are no votes for this bill in this legislative session.
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S05984 Memo:
Memo not available
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S05984 Text:

STATE OF NEW YORK
________________________________________________________________________

5984

2015-2016 Regular Sessions

IN SENATE

June 16, 2015
___________

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to contracts for the
transportation of school children

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

1 Section 1. Statement of legislative findings and necessity. The legis-
2 lature hereby finds that for three decades beginning in 1979, following
3 a strike by school bus workers, the school bus contracts of the board of
4 education of the city of New York included employee protection
5 provisions requiring transportation contractors, among other things, to
6 give priority in hiring to employees who became unemployed because of
7 their employers' loss of bus contract work for such board and to pay
8 such employees the same wages and benefits they had received prior to
9 becoming unemployed.
10 Following the 2011 decision by the New York State Court of Appeals in
11 L&M Bus Corp., et al., v. the New York City Department of Education, et
12 al., the board of education of the city of New York did not include the
13 employee protection provisions that had been part of the board's school
14 bus contracts for over 30 years or any similar provisions in its solic-
15 itations for its school bus contracts. After the issuance of the first
16 such Post-L&M solicitation; there was a school bus strike in January and
17 February of 2013. During this strike, many children were either unable
18 to attend school or were burdened, along with their families, with find-
19 ing alternative modes of transportation in the heart of winter.
20 The legislature further finds that the board of education of the city
21 of New York contracts with 62 companies to provide vital school bus
22 transportation to 149,000 school-age children. Pursuant to the education
23 law, the state reimburses the board of education of the city of New York
24 for a substantial percentage of its school bus contract expenditures.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10792-01-5
S. 5984 2

1 Accordingly, the legislature finds that the education law should be
2 amended to require the board of education of the city of New York to
3 include important employee protections in its procurements for school
4 bus transportation contracts and to authorize the board of education to
5 amend existing contracts to include these protections. Including these
6 protections in such board's contracts will aid in avoiding service
7 disruptions and pension withdrawal liability claims, while protecting
8 the experienced school bus contract workforce from significant wage and
9 benefit reductions and facilitating the retention of an experienced
10 workforce. Inclusion of such protections will secure more cost-effec-
11 tive, higher quality and efficient procurement and performance of school
12 bus transportation services.
13 § 2. Paragraph a of subdivision 14 of section 305 of the education
14 law, as amended by chapter 273 of the laws of 1999, is amended to read
15 as follows:
16 a. (1) All contracts for the transportation of school children, all
17 contracts to maintain school buses owned or leased by a school district
18 that are used for the transportation of school children, all contracts
19 for mobile instructional units, and all contracts to provide, maintain
20 and operate cafeteria or restaurant service by a private food service
21 management company shall be subject to the approval of the commissioner,
22 who may disapprove a proposed contract if, in his opinion, the best
23 interests of the district will be promoted thereby. Except as provided
24 in paragraph e of this subdivision, all such contracts involving an
25 annual expenditure in excess of the amount specified for purchase
26 contracts in the bidding requirements of the general municipal law shall
27 be awarded to the lowest responsible bidder, which responsibility shall
28 be determined by the board of education or the trustee of a district,
29 with power hereby vested in the commissioner to reject any or all bids
30 if, in his opinion, the best interests of the district will be promoted
31 thereby and, upon such rejection of all bids, the commissioner shall
32 order the board of education or trustee of the district to seek, obtain
33 and consider new proposals. All proposals for such transportation, main-
34 tenance, mobile instructional units, or cafeteria and restaurant service
35 shall be in such form as the commissioner may prescribe. Advertisement
36 for bids shall be published in a newspaper or newspapers designated by
37 the board of education or trustee of the district having general circu-
38 lation within the district for such purpose. Such advertisement shall
39 contain a statement of the time when and place where all bids received
40 pursuant to such advertisement will be publicly opened and read either
41 by the school authorities or by a person or persons designated by them.
42 All bids received shall be publicly opened and read at the time and
43 place so specified. At least five days shall elapse between the first
44 publication of such advertisement and the date so specified for the
45 opening and reading of bids. The requirement for competitive bidding
46 shall not apply to an award of a contract for the transportation of
47 pupils or a contract for mobile instructional units, if such award is
48 based on an evaluation of proposals in response to a request for
49 proposals pursuant to paragraph e of this subdivision. The requirement
50 for competitive bidding shall not apply to annual, biennial, or trienni-
51 al extensions of a contract nor shall the requirement for competitive
52 bidding apply to quadrennial or quinquennial year extensions of a
53 contract involving transportation of pupils, maintenance of school buses
54 or mobile instructional units secured either through competitive bidding
55 or through evaluation of proposals in response to a request for
56 proposals pursuant to paragraph e of this subdivision, when such exten-
S. 5984 3

1 sions [(1)] (i) are made by the board of education or the trustee of a
2 district, under rules and regulations prescribed by the commissioner,
3 and, [(2)] (ii) do not extend the original contract period beyond five
4 years from the date cafeteria and restaurant service commenced there-
5 under and in the case of contracts for the transportation of pupils, for
6 the maintenance of school buses or for mobile instructional units, that
7 such contracts may be extended, except that power is hereby vested in
8 the commissioner, in addition to his existing statutory authority to
9 approve or disapprove transportation or maintenance contracts, [(i)] (A)
10 to reject any extension of a contract beyond the initial term thereof if
11 he finds that amount to be paid by the district to the contractor in any
12 year of such proposed extension fails to reflect any decrease in the
13 regional consumer price index for the N.Y., N.Y.-Northeastern, N.J.
14 area, based upon the index for all urban consumers (CPI-U) during the
15 preceding twelve month period; and [(ii)] (B) to reject any extension of
16 a contract after ten years from the date transportation or maintenance
17 service commenced thereunder, or mobile instructional units were first
18 provided, if in his opinion, the best interests of the district will be
19 promoted thereby. Upon such rejection of any proposed extension, the
20 commissioner may order the board of education or trustee of the district
21 to seek, obtain and consider bids pursuant to the provisions of this
22 section. The board of education or the trustee of a school district
23 electing to extend a contract as provided herein, may, in its
24 discretion, increase the amount to be paid in each year of the contract
25 extension by an amount not to exceed the regional consumer price index
26 increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the
27 index for all urban consumers (CPI-U), during the preceding twelve month
28 period, provided it has been satisfactorily established by the contrac-
29 tor that there has been at least an equivalent increase in the amount of
30 his cost of operation, during the period of the contract.
31 (2) Notwithstanding any other provision of this subdivision, the board
32 of education of a school district located in a city with at least one
33 million inhabitants shall include in contracts for the transportation of
34 school children in kindergarten through grade twelve, whether awarded
35 through competitive bidding or through evaluation of proposals in
36 response to a request for proposals pursuant to paragraph e of this
37 subdivision, provisions for the retention or preference in hiring of
38 school bus workers and for the preservation of wages, health, welfare
39 and retirement benefits and seniority for school bus workers who are
40 hired pursuant to such provisions for retention or preference in hiring,
41 in connection with such contracts. For purposes of this subparagraph,
42 "school bus worker" shall mean an operator, mechanic, dispatcher or
43 attendant who: (i) was employed as of June thirtieth, two thousand ten
44 or at any time thereafter by (A) a contractor that was a party to a
45 contract with the board of education of a school district located in a
46 city with at least one million inhabitants for the transportation of
47 school children in kindergarten through grade twelve, in connection with
48 such contract, or (B) a subcontractor of a contractor that was a party
49 to a contract with the board of education of a school district located
50 in a city with at least one million inhabitants for the transportation
51 of school children in kindergarten through grade twelve, in connection
52 with such contract, and (ii) has been furloughed or become unemployed as
53 a result of a loss of such contract, or a part of such contract, by such
54 contractor or such subcontractor, or as a result of a reduction in
55 service directed by such board of education during the term of such
56 contract.
S. 5984 4

1 § 3. Subdivision 14 of section 305 of the education law is amended by
2 adding a new paragraph g to read as follows:
3 g. Notwithstanding the provisions of paragraphs a through f of this
4 subdivision and any regulation promulgated pursuant thereto, the board
5 of education of a school district located in a city with at least one
6 million inhabitants and a contractor providing transportation services
7 to such district for school children in kindergarten through grade
8 twelve may amend a contract for such transportation services, for such
9 consideration as approved by such board of education, to include in such
10 contract provisions for the retention or preference in hiring of school
11 bus workers and for the preservation of wages, health, welfare and
12 retirement benefits and seniority for school bus workers who are hired
13 pursuant to such provisions for retention or preference in hiring, in
14 connection with such contracts. For purposes of this paragraph, "school
15 bus worker" shall mean an operator, mechanic, dispatcher or attendant
16 who: (1) was employed as of June thirtieth, two thousand ten or at any
17 time thereafter by (i) a contractor that was a party to a contract with
18 the board of education of a school district located in a city with at
19 least one million inhabitants for the transportation of school children
20 in kindergarten through grade twelve, in connection with such contract,
21 or (ii) a subcontractor of a contractor that was a party to a contract
22 with the board of education of a school district located in a city with
23 at least one million inhabitants for the transportation of school chil-
24 dren in kindergarten through grade twelve, in connection with such
25 contract, and (2) has been furloughed or become unemployed as a result
26 of a loss of such contract, or a part of such contract, by such contrac-
27 tor or such subcontractor, or as the result of a reduction in service
28 directed by such board of education during the term of such contract.
29 § 4. Separability. If any item, clause, subparagraph, paragraph,
30 subdivision or section of this act shall be adjudged by any court of
31 competent jurisdiction to be invalid, such judgment shall not affect,
32 impair or invalidate the remainder thereof, but shall be confined in its
33 operation to this item, clause, subparagraph, paragraph, subdivision or
34 section thereof that was adjudged to be invalid.
35 § 5. This act shall take effect immediately.DISTRICT OFFICE
7408 5th Avenue-1st Floor
Brooklyn , NY 11209
Phone: (718) 238-6044
Fax: (718) 238-6170
map
ALBANY OFFICE
188 State Street Room 409, Legislative Office Building
Albany , NY 12247
Phone: (518) 455-2730
Fax: (518) 426-6910
map
SATELLITE OFFICE - MARINE PARK
3604 Quentin Road
Brooklyn , NY 11234
Phone: 718-238-6044
Fax: 718-238-6170
map
EMAIL ADDRESS:

golden@nysenate.gov

Maybe we could start the phone calling now/ flood them/ bury them / they will be back in session soon/ remind them we are f---in human beings

WakeUp123 · January 03, 2016, 03:43:15 PM

Quote from: Buzz on January 03, 2016, 02:35:18 AM
Quote from: John Eadicicco on January 02, 2016, 06:03:04 PM
Wake up 123.... Trying to win over Buzz and Just Right is like a black man going on the KKK website and tring to convince them that Black is Beautiful!!!!!!😀

And trying to sway you is like trying to persuade Rush Limbaugh to vote for Hillary!!

<img src=\"https://encrypted-tbn1.gstatic.com/images?q=tbn:ANd9GcRlxe4oYHRGt-ZdWlLxiit80v1VowGriL5zsmpLu8ahO69QtMhp\">

Buzz, seriously do you ever have an "ORIGINAL" rebuttal ? Or is it just like your always " ANSWER QUESTIONS WITH QUESTION AND THEN MORE QUESTIONS" or the your famous "I KNOW YOU ARE BUT WHAT AM I" kindergarten philosophy you are usually known for?

Just_Right · January 03, 2016, 03:56:30 PM

Uh John ....*Man up*

REALLY??? you want to meet me... to do what???
You are not capable of anything but running your mouth.I hear it every day in sharrotts.
And If I ever feel the need to talk to you.I'll let you know in person.

Your precious..Everyone should OWN one of you.

PROUD MEMBER · January 03, 2016, 05:30:54 PM

It's a shame eventhough over the last couple of weeks people are talking (arguing) on this site basically no one has talked about what we need to do to fix this mess we're in. Most just want to talk about yesterday and who to blame. This is accomplishing one thing and one thing only. More & more separation instead of Unity. You know Unity as in Union. Please if you are going to reply to this comment don't come back with the Negative remarks. I think we have all had enough of that from both sides.

WakeUp123 · January 03, 2016, 09:13:05 PM

Quote from: PROUD MEMBER on January 03, 2016, 05:30:54 PM
It's a shame eventhough over the last couple of weeks people are talking (arguing) on this site basically no one has talked about what we need to do to fix this mess we're in. Most just want to talk about yesterday and who to blame. This is accomplishing one thing and one thing only. More & more separation instead of Unity. You know Unity as in Union. Please if you are going to reply to this comment don't come back with the Negative remarks. I think we have all had enough of that from both sides.

Ok, everything in this union and company is great, now let's all go down to the new spacious professionally decorated luxurious UNION office suites in Long Island where everybody including the 75k a year secretaries and other family patronage employees work tell them what a great job they have been doing for the last 6 years. The only thing is we will have to take a bus there because with the poverty level pay we get a lot of us cannot afford a trip to Long Island alone. But let's remain positive because after all were all one big happy family.

WakeUp123 · January 03, 2016, 09:15:56 PM

I can just imagine Buzz' whitty rebuttal to that ' Oh yeah a lot of 1181 members work in Queens so it doent cost them that much"

John Eadicicco · January 03, 2016, 10:29:19 PM

Just Right. A real tough guy behing a screen name.... Wow.....you got chiclets for nuts and a LOT to say behind a mask.... Just like ISIS ... They all wear hoods.....

Just_Right · January 03, 2016, 10:34:07 PM

I won't entertain you on here John I'll see you tomorrow morning.

Besides I'm tired of seeing you post ..it's all bullshit your tough guy act. I have known you for years and your still trying to make people think how tough you are.

PROUD MEMBER · January 03, 2016, 10:49:39 PM

Even when a fellow Member tries (practically begs) his best to get something positive and to promote Unity and on top of that asks straight out please don't come back with the Negativity. WakeUp123 responds with the same negative post that he's been posting for two weeks. How many times have I asked you to comprehend what you read? You actually quote my post and in the first sentence I ask "what do we need to do to fix this MESS we're in?" Your response insinuates that my post states that "Ok, everything in this union and company is great." Also no matter whatever anyone posts or whenever anyone asks for your opinion on how to help fix this mess, you NEVER have an answer. You talk about Buzz. I know what your posts are going to read before you even post them. Case in point. Why to you think part of my post (the post you quoted) I asked if anyone was going to reply please don't come back with Negative remarks. For the last time we all have and are experiencing the same bad times as you. For the last time the past is the past and it doesn't make a difference who is or is not to blame. Finally for the last time do you have any thoughts on what WE should do tomorrow and in the future to help ourselves & this Local?

yabba · January 03, 2016, 11:29:55 PM

aiyyyy yiiii yiiiii

WakeUp123 · January 04, 2016, 02:21:11 AM

ok for now on NO MORE NRGAVITY, ALTHOUGH ITS THE TRUTH, PROUD MEMBER DOESNT LIKE IT. IN

REGARDING BUZZ, HE IS ON EVERY POST THROWING HIS 2 cents in, running interference for the office, the union and covering runs against Ernies orders with his cellphone. He deserves what he gets

AND YES I HAVE ALOT OF THOUGHTS OF WHAT WE SHOULD DO

1. Hold a vote of no confidence against the EB FOR ALL THE DISASTEROUS DECISIONS MADE IN THE LAST 5 years for starters.

2. Hold a rally outside the spacious luxurious office suites in Long Island protesting the 'mysterious" lack of information"

3. Start a 'WHAT THE HELL IS GOING ON HERE WEBPAGE WITH AN ACTIVE PETITION SITE DEMANDING A CHANGE IN THE BYLAWS CREATING AN OVERSIGHT PANEL (advocate) that's not related to any members of the EB.

4. Any new candidate for EB is to be allowed by law to have a platform meeting at every yard and not chased away by any incumbent union representives.minside the premises not down the block.

That's just for starters, I'm sure others can add to this.

John Eadicicco · January 04, 2016, 03:04:49 AM

Wake Up 123......... Christmas was last week and those visions(presents) were NOT under the tree!!!!!! When we voice our displeasure on how we are being treated by the union.... We are scumbags and whatever words the Cordiello backers want to use. They do NOT know what the word transparency means!!!!!!!

Buzz · January 04, 2016, 03:09:02 AM

Quote from: PROUD MEMBER on January 03, 2016, 10:49:39 PM
WakeUp123 responds with the same negative post that he's been posting for two weeks. How many times have I asked you to comprehend what you read? You actually quote my post and in the first sentence I ask "what do we need to do to fix this MESS we're in?" Your response insinuates that my post states that "Ok, everything in this union and company is great."

Have you not yet come to the realization yet that 123 just posts shit to get a reaction? He's bored, has nothing better to do but stir shit, and he's just like a little kid who wants to be noticed but only knows how to get negative attention. Ignore him (like I do).

PROUD MEMBER · January 04, 2016, 07:22:31 AM

Thanks Buzz. Good advice. I'll try to take it but I'm sure you know how hard it is for me to ignore.

LMR · January 04, 2016, 11:08:16 AM

You just nailed it Buzz.You left out one thing.Believes he has infinite wisdom above everyone else.