Unforgiving

Cuomo veto denies school district amnesty for $13 million fine

By KATELYN CORDERO
Posted 1/9/19

On December 28, 2018, Governor Andrew Cuomo’s vetoes affected seven school districts across New York State including the Newburgh Enlarged City School District. The veto of bill A.1174 denies …

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Unforgiving

Cuomo veto denies school district amnesty for $13 million fine

Posted

On December 28, 2018, Governor Andrew Cuomo’s vetoes affected seven school districts across New York State including the Newburgh Enlarged City School District. The veto of bill A.1174 denies NECSD amnesty from the $12,747,495 the district was fined for an administrative error in May of 2004.

The district failed to file a final cost report of a capital project for the remediation of fuel storage tanks and for work at Newburgh Free Academy on time.

“We strongly believe this alleged error does not justify the current assessed penalty from the state,” said Superintendent Dr. Roberto Padilla. “However, since we were informed of the penalty, we have worked with bipartisan support to advocate for our scholars and began to make payments toward this penalty. We are doing our due diligence to rectify this matter as quickly as possible. The fiscal health of our district is imperative to providing a quality education to our scholars.”

The district paid more than $5 million towards the penalty as part of a five year plan to pay back the state.

Cuomo’s veto enforces building aid payments from Panama Central, Roscoe Central, Chester Union Free, and Newburgh Enlarged City school districts. The veto also denies state transportation aid to Fulton City, Port Washington Union Free, and Corning City school districts.

“I have vetoed similar bills in the past due to their financial impacts outside of the state budget process,” said Cuomo in the veto memo. “While bills of this nature have infrequently been signed due to extenuating circumstances, these present bills do not contain such circumstances. These bills would violate existing agreements that were previously negotiated with the Legislature during the budget negotiation process. I am therefore constrained to veto these bills.”

Legislators representing Orange County are working diligently to find ways to get the bill signed in the next legislative session.

“The Newburgh School District is already repaying the penalty by making annual payments of $2.5 million which amounts to a greater percentage of the tax levy than was being paid by North Syracuse,” said Assemblyman Jonathan Jacobson (D-Newburgh). “I am confident that Senator James Skoufis and I will pass legislation in the upcoming session and take the appropriate steps to rectify this situation.”

Earlier this year Cuomo approved amnesty legislation for North Syracuse and Henry Hudson school districts. Skoufis and Jacobson argue this legislation is identical to the bills vetoed by Cuomo for NECSD and Chester Central.

“With his two vetoes, Governor Cuomo has demonstrated disturbing disregard for Orange County’s students, including the over one-third children in the City of Newburgh who live in poverty,” said Skoufis. “The new year will reset the legislative clock. I will be urging the senate to quickly re-pass these two bills in early 2019 and take any and all actions to see them enacted. Doing so would send an unmistakable message, at least the legislature is looking out for our students.”

In a letter to Cuomo, Assemblyman Colin Schmitt (R-New Windsor) called for a bipartisan solution to the vetoes through discussion of the executive budget.

“Since we are in agreement that the budget process is now the solutions to these fines, I urge you to follow through and ensure the executive budget you propose fully relieve both districts of the millions of dollars in state imposed final cost report fines,” said Schmitt. “The students and taxpayers of Chester and Newburgh deserve a budget that delivers a bipartisan solution to this issue.”