Westchester Board of Legislators Propose County Government Charter Revisions.

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Charter Revision Commission. December 16, 2013:

The Westchester County Charter Revision Commission (WCCRC) has submitted its final report and list of recommendations to the Westchester County Board of Legislators (BOL) and County Executive Robert P. Astorino, culminating eighteen months of deliberations on various issues:

WCCRC Recommendations:

  • Establish a County Department of Assessment
  • Change the County’s Fiscal Year to July 1 to June 30
  • Establish a Minimum 75 Day Period for Budget Review and Adoption
  • Establish a Minimum Period for Consideration of Budget Additions and Deletions Prior to a Final Vote
  • Exempt Board of Legislators from the May 1 Deadline for Adding Projects to the Capital Budget
  • Broaden Board of Legislators Access to Department Budget Estimates
  • Add Sustainability and Resilience as Planning Process Values
  • Require Submission and Publication of Quarterly Financial Reports
  • Provide Public Notice for Pension Cost Borrowing
  • Make the County Clerk an Appointed Position
  • Reform Legislative Confirmation Procedures and Designate Interim Powers for Executive Appointments
  • Re-examine the County Ethics Code
  • Establish a Council of Governments
  • Convene a Charter Revision Commission Every Ten Years
  • Fill Short-Term Vacancies in Legislative Office by Appointment from the Same Political Party
  • Determine Initiation and Termination of Executive Disability

Convened in 2011 for only the second time since 1937, the WCCRC voted on the twenty-seven resolutions submitted by the Commission’s four Focus Groups—Budget and Finance; Charter and Codes; Executive / Legislative Relationship; and Local Government / County Government Relationship—which reflected the aspects of County Government most deserving of an in-depth evaluation. Sixteen resolutions were approved, ten resolutions were disapproved, and one was withdrawn.

“We are aware that some may consider certain of the Commission’s recommendations to be controversial,” said WCCRC Chairman Richard G. Wishnie. “However, that is not our concern. We are presenting recommendations that we believe will make our County government more efficient, effective and transparent to the public it serves.”

The twenty-two WCCRC members are Westchester County residents appointed by Legislators and the County Executive after legislation establishing the Commission was passed in 2011 to study, review and recommend changes to the Westchester County Charter and Administrative Code with the goal of eliminating waste, improving services, and increasing the overall efficiency of County Government.

Further information regarding the Commission’s work can be viewed by visiting http://westchesterlegislators.com/charter-revision-commission-sp-998.html

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Subsidiary of New York Assessment Test Creators — Pearson Charitable Foundation Fined $7.7Million for Using Charitable Assets to Promote Pearson For-Profit Common Core Products

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WPCNR NEW YORK STATE LAW JOURNAL. From the Office of the Attorney General with reporting by WPCNR December 14, 2013:

Pearson Charitable Foundation, a subsidiary of the national testing service, Pearson, Inc,  the creator of the  New York State Education Department controversial and professionally criticised  2013 Assessment Tests has been fined $7.7 Million by the state of New York for using its assets to create and promote for-profit sales of its parent, Pearson, Inc.

Pearson, Inc., created the controversial, highly criticises 2013 New York State Assestment Tests,  as part of a $32 Million state test development contract Pearson, Inc., signed with the State Education Depart in 2011). Pearson Charitable Foundation commenced the illegal promotions and use of funds to promote Common Core materials in 2010, a year before the State Education Department signed the contract.

The subsidiary of Pearson, Pearson Charitable Foundation has been fined $7,700,000 by New York State for using its assets to create and promote commerical for-profit  operations of Pearson, Inc.,  A substantial part of the fine money will be used to recruit and retain New York State teachers.

New York State Attorney General Eric T. Schneiderman  announced in a news release Friday that a $7.7 million settlement with Pearson Charitable Foundation, a not-for-profit that is affiliated with the for-profit education company Pearson, Inc.

An investigation by Attorney General Schneiderman’s Charities Bureau revealed that Pearson, Inc., the largest for-profit education company in the world, developed course materials through the Pearson Charitable Foundation that Pearson, Inc. intended to sell commercially.

Violated Non-for-Profit Corporation Law

The settlement resolves an investigation by Attorney General Schneiderman’s Charities Bureau that revealed misuse of charitable assets by Pearson Charitable Foundation in a manner that benefited Pearson, Inc. in violation of the Not-for-Profit Corporation Law and the Estates, Powers and Trusts Law of New York.

“The law on this is clear: Non-profit foundations cannot misuse charitable assets to benefit their affiliated for-profit corporations,” Attorney General Schneidermansaid. “Moving forward,  funds for Pearson Charitable Foundation will be used exclusively for legitimate charitable purposes, beginning with millions of dollars to help ensure that every public school student has a great teacher in the classroom.”

Developed Common Core Standards Materials with Charitable Foundation Money, promoted them, too.

Beginning no later than 2010, Pearson, Inc. sought to develop a series of courses, associated instructional materials and software offerings aligned with the Common Core State Standards, a set of standards governing the skills in mathematics and language arts taught to students from kindergarten through the 12th grade.

The Common Core State Standards have been adopted by 45 states, the District of Columbia, and four U.S. territories. In these jurisdictions, school districts will be required to use materials “aligned” with the Common Core State Standards.

Pearson, Inc. decided to develop its Common Core aligned course offerings within the Foundation, with substantial funding by Pearson, Inc., in order to attract foundation support and credibility for its commercial products, the Attorney General’s Office News Release said.

Pearson, Inc. and the Pearson Charitable Foundation planned that the courses developed within the Foundation would be sold commercially by Pearson, Inc.

Internal business analyses prepared by Pearson, Inc. projected that potential profits from sales of the courses and related offerings could be in the tens of millions of dollars.

After the start of Attorney General Schneiderman’s investigation, Pearson Charitable Foundation sold the partially developed courses to Pearson, Inc. at a price of $15.1 million.

Funded International Meetings with Charity Foundation Where Pearson Inc customers were invited. Funded Invitees Junkets.

Attorney General Schneiderman’s investigation also found that the Pearson Charitable Foundation provided grants to an independent organization of school officials in the United States for a jointly sponsored International Summit program, a series of conferences on education that were held in various foreign locales and attended by state school officials.

The Foundation and Pearson, Inc. worked with the organization of school officials to plan and organize the International Summits, to identify speakers and presenters and, in some cases, to recommend school officials from participating countries.

 

Funding Junkets

School officials who were invited were from jurisdictions where Pearson actively did business and sought to do business. The travel and lodging expenses of state school officials from the U.S. were paid for by the organization of school officials, using funds donated by Pearson Charitable Foundation. In addition, the Foundation independently sponsored the travel and lodging of guest speakers, presenters and summit delegates, including school officials, from foreign countries.

Captive Audience Used for Market  Intelligence Gathering

Pearson, Inc. sales personnel attended these International Summits, while no employee of any other for-profit education company ever attended. Following the International Summits, Pearson attendees were able to share commercially valuable information with their colleagues in Pearson’s international business concerning the interests and potential educational needs of some of the non-U.S. delegates to the summit.
Pearson Charitable Foundation agreed to pay a total of $7.7 million to resolve Attorney General Schneiderman’s investigation into these matters. The Office of the Attorney General will use $7.5 million of these funds to support programs and projects in New York and other states affiliated with the 100Kin10 initiative that recruit and retain excellent K-12 teachers and support teachers in providing high-quality instruction aligned with the Common Core State Standards.

In addition, the Foundation agreed to several important program and governance reforms.

Among these, the Foundation agreed to include at least three independent directors on its board who will review any Foundation transaction that could reasonably be expected to benefit Pearson, Inc. Such transactions will proceed only after a finding by the independent directors that the transaction is fair, reasonable and in the best interests of the Foundation.

The Foundation further agreed that Pearson products and services will not be featured at events that are funded directly or indirectly by the Foundation unless the products and services are donated, and that the only Pearson employees who will attend such events are those who are assigned to spend substantial time on Foundation matters.

The Pearson Charitable Foundation will also pay $200,000 for the costs of the Attorney General’s investigation.

This investigation was handled by James Katz, Senior Adviser & Special Counsel to the Attorney General, with the assistance of Charities Bureau Researcher Liam Arbetman, under the supervision of Charities Bureau Enforcement Section Chief David Nachman and First Deputy for Affirmative Litigation Janet Sabel.

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” (City) Conduct is completely inconsistent with principles of due process,” as Confusing FASNY Findings Posted, Letter Says

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WPCNR SOUTH END TIMES. December 14, 2013:

The Common Council has managed to get their FASNY Findings changes incorporated into the Findings Statement scheduled to be voted either able to be mitigated, or unable to be mitigated at a new Special Meeting of the Council  December 19, 2013.

A letter was widely circulated by e-mail and to this website Friday night, accusing the city of ramrodding the project through in a secretive, confusing manner, and not making the Council changes in the Findings Statement clear, to wit:

” We just checked the City website after a long work week, and found a new version of the findings. We also learned that the meeting is now set for December 19. We had checked at 6:00 p.m. and this had not been posted. In addition, one cannot tell the difference between the initial findings (statement) and the new version, without comparing word-by-word a complex, 140+page legal document. One must ask why there is this kind of “news dump” on a Friday night — this tactic is usually employed to garner as little attention as possible to controversial actions or issues. 

   We do not believe that the City’s latest action complies with the concepts of transparency and fairness to the public, including those whose quality of life and property values will be harmed by this development. As attorneys with a combined total of 62 years in practice, we believe that this conduct is completely inconsistent with principles of due process.  The document states that FASNY has been working closely with the City, it’s consultants, and counsel for months, yet the findings upon which you will vote are posted for your constituency on a Friday night at the height of the Holiday season. Unlike the developer, the average citizen does not have a full complement of  professionals to analyze and comment upon a massive document like this on short notice. 

    We are simply at a loss to understand the biased approach which the CIty has taken in favor of a developer at the expense of long standing citizens and taxpayers, such as ourselves.  Thank you for your consideration on our views. “

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FASNY FINDINGS VOTE RESCHEDULED FOR THURSDAY DECEMBER 19.

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WPCNR CITY HALL CIRCUIT. December 13, 2013:

City Hall has rescheduled the French American School of New York Findings ruling Special Meeting to be held Thursday, December 19. The original meeting to make this decision on whether or not the FASNY construction plan to build its new school campus on the former Ridgeway Country Club was postponed Monday because members of the Common Council were not ready to vote.

A majority of 4 to 3 is required to enable the project to proceed, or be classified as having “unmitigatable” impacts.

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WHITE PLAINS WEEK ON THE WILD WEEK–TONIGHT AT 7:30 ON 45 AND 76 AND ON THE NET 24 HOURS A DAY

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2012612newstudios 001THEY’RE BACK ON 45 AND 76 TONIGHT AND ALL AROUND THE WORLD ON

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2013916-wpw 012John Bailey — The CitizeNetReporter

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PETER KATZ

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THE WHITE PLAINS WHITE OUT

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THE SCHOOL SUPERINTENDENT QUALIFICATIONS WHAT’S MISSING!

TEACHERS TAKE A STAND

THE VIRUS EPIDEMIC

SEE A COMPLETE COMMON COUNCIL MEETING CONDENSED IN ONE SHOW — PLUS LIVELY COMMENTARY — IMPOSSIBLE BUT TRUE FASNY FARCE

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PEOPLE TO BE HEARD

 AT 10 ON MONDAY OR 10:30 ON WEDNESDAY

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ON CORRUPTION IN ALBANY

 HOW ALBANY HAS CHANGED WHERE THERE’S BEEN NO CHANGE

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A PREVIEW OF THE LEGISLATURE ISSUES 2014

THE MANDATE MANTRA — IS ALBANY INCLINED TO CUT THEM? WHY THEY HAVE NOT.

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WHERE PEOPLE WHO HAVE SOMETHNG TO SAY, HAVE THEIR SAY.

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NEWS THAT LIFTS YOU OUT OF YOUR CHAIR!

Note that if you are using Firefox, you need to install their special plug-in so windows media files play immediately rather than download before playing.

 

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White Plains Teachers Call on School Board to Support De-Emphasizing Standardized testing, Support Common Core, Safeguard Enriching Education Experience

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WPCNR SCHOOL DAYS. By John F. Bailey. December 12, 2013:

20131210- 04320131210- 042

The White Plains Teachers Association represented by Kerry Broderick,(above) presented the Board of Education with a resolution  they want the Board to adapt and send on to the state and federal government, calling for reduction of reliance on standardized tests as measures of education, teacher, and school effectiveness.

The White Plains Teachers resolution did not ask the Board to take the militant stance teachers unions and educators did Monday calling for a slowdown of the Common Core implementation, suspension of high stakes testing for three years, and call for adequate fair public funding of school districts and schools across the state.

Broderick addressing the Board in the public comment segment of the White Plains meeting remarked on the White Plains Teachers supporting the national rallies against the Common Core curriculum rollout and emphasis on standardized testing that took place Monday.

The American Federation of Teachers and New York State United Teachers held  protests in Nyack and Yonkers Monday, sharply criticizing the Common Core according to Gannet Reporters Gary Stern and Mareesa Nicosia. Those reporters  wrote the NYSUT have prepared bills to stop high stakes testing and for the state to move more slowly on the Common Core Curriculum phase-in.

The White Plains Teachers Association resolution is more moderate.

It does not call for a suspension of testing, but instead a reduction in the weight the tests  have in evaluating the progress of students’ and teachers’ effectiveness.

Broderick said White Plains Teachers wore blue “National Day of Action” Action shirts Monday to support the effort by educators for “fair funding of public education, a 3 year moratorium on assessment tests, and  a return to established best education practices.”

The actual resolution presented the Board does not go that far, while actually acknowledging the Common Core has some merit,  it reads:

CALLING UPON THE NEW YORK STATE COMMISSIONER OF EDUCATION AND THE NYS BOARD OF REGENTS TO STOP THE OVERRELIANCE ON STANDARDIZED TESTS AS A MEASURE OF STUDENT PERFORMANCE AND PRINCIPAL/TEACHER EFFECTIVENESS.

WHEREAS, every student deserves a quality public education dedicated to preparing engaged citizens, creative and critical thinkers, and lifelong learners ready for college and careers; and

WHEREAS, while the implementation of the Common Core will ultimately help students, teachers and teaching and learning, the growing reliance on and misalighment of standardized testing is eroding student learning time, and narrowing the curriculum and jeopardizing the rich, meaningful education our students need and deserve; and

WHEREAS, despite the fact that research recommends the use of multiple measures to gauge student performance and teacher effectiveness, the state’s growing reliance on standardized testing is adversely affecting students across all spectrums, the morale of our educators and further draining already scarce resources; and

WHEREAS, the federal, elementary and secondary education act’s testing policies fail to appropriately accommodate the unique needs of students with disabilities and English language learners in assessing their learning, resulting in test scores that do not accurately represent a true measure of the contributions of teachers and schools; and

WHEREAS, it is time for policymakers to recalibrate the number, duration and appropriate use of standardized tests so that we can refocus our efforts on student learning; now therefore, be it

RESOLVED, that we call upon the Commissioner of Education, the NYS Board of Regents and other policymakers to reduce the use of and over-reliance on standardized testing; and be it further

RESOLVED, that we call on the U.S. Congress and Administration to reduce federal testing mandates and support the role of and focus on multiple measures of student learning and school quality in accountability systems.

The Clerk to the Board of Education, Michele Schoenfeld said the Board did not act on the Resolution because they had not been aware it was going to be presented. She said the resolution might be put on the agenda next month, but that the Board of Education had not to her knowledge discussed it since its presentation.

 

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School District Seeks Good Guy Generalist for Superintendent of Schools. Record of Cost-Cutting Not a Priority in Initial Description.

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WPCNR SCHOOL DAYS. December 11, 2013:

The Board of Education met Monday evening and saw a presentation from School Leadership, LLC,  the firm hired to conduct a search for a new Superintendent of Schools, who will, it is hoped be in place at the start of the new school year, July, 2014.They also approved advertising for the position.

The summary of what over 300 persons filling out a questionnaire (created by School Leadership LLC as to what they felt was important for any prospective new White Plains Superintendent of Schools to demonstrate was:

  1. “A strong leader who possesses a track record of effectively managing the operations of a large and culturally diverse school district while simultaneously thinking strategically and providing a focused vision for the District’s future.”
  2. “An inspirational leader who has implemented educational best practices, who has been successful at improving student achievement at all levels and who has been an effective mentor and coach for other District administrators.”
  3. “A person of  character and integrity, who takes personal ownership of the outcome of District initiatives and for whom the success of the District is his or her priority.”
  4. “A collaborative leader with solid communication and ‘people’ skills, who will be visible, accessible, build consensus, and inspire all stakeholders to achieve District goals.”
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Freeze Property Tax Rates for 2 Years, Attack Estate Taxes,Tax Relief for Businesses, Tax Reform Commission Recommends

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WPCNR ALBANY ROUNDS. From the Governor’s Press Office. (EDITED) December 10, 2013:

Today, Governor Andrew M. Cuomo’s Tax Relief Commission recommended (subject to legislature approval), the creation of a program to freeze property taxes for two years.

In year one of the freeze all eligible homeowners in taxing jurisdictions that adopt local budgets that remain within the property tax cap would receive a State credit equal to the growth in their property taxes.

In Year 2, the freeze will continue for those homeowners living in jurisdictions that remain within the property tax cap and take measures to reduce costs, such as sharing services with other jurisdictions or consolidating.

In addition, while programs that cap and freeze real property taxes can keep the burden of real property taxes from increasing, there is a need to provide relief to taxpayers who are already over-burdened by the current level of property taxation. The Commission recommends that the State develop a program that would target real property tax relief based on an individual homeowner’s ability to pay.

Lower\st Tax Rates in 44 years for Businesses to Make New York Competitive

To encourage New York’s economic competitiveness, investment and further growth, the Commission recommends lower rates for businesses and a simplified tax structure.

This includes the reform and simplification of the State’s primary corporate income taxes coupled with a reduction in the corporate income tax rate to 6.5 percent, the lowest corporate rate since 1968.

The rate for upstate manufacturers upstate would be reduced further, to 2.5 percent, the lowest rate ever. In addition, all manufacturers will benefit from a recommendation by the Commission to reduce property taxes on manufacturers by 20 percent through a State credit program. 

Move up Utility Assessment Phaseout 

To further encourage business expansion, the Commission recommends that the temporary utility assessment (18-a), scheduled to be eliminated in 2018, will be eliminated in 2014 for industrial customers and all other customers will see an accelerated phase out of the surcharge. Together, these proposals will tackle the remaining barriers to investment and job growth that exist in the current tax regime.

Raise Estate Tax Threshold to $5.25 M

The Commission recognizes the need to update the estate tax. New York remains one of only 17 states with either an estate tax or an inheritance tax, and only two states currently have a lower exemption. Because estate tax thresholds have not kept pace with the rise in home values, more and more middle-income New Yorkers find themselves subject to the tax.

The Commission is therefore recommending a major reform of the estate tax, increasing the State’s threshold to $5.25 million, indexed to inflation, and lowering the tax rate.

Finally, the Commission endorses the majority of the Tax Reform and Fairness Commission proposals to simplify the structure of New York’s tax system by eliminating nuisance taxes.

The Commission’s recommendations focus on providing property tax relief for New York homeowners and businesses and enhancing the State’s economic competitiveness. In addition to providing tax relief, the Commission recommends providing incentives to local governments to reduce the cost of operations. Further recommendations include lowering the corporate tax rate to its lowest level in 46 years; reducing the tax rate for manufacturers Upstate to its lowest level ever; and updating the Estate Tax to bring New York in line with other states. This report is enabled by three years of fiscal integrity and responsible budgeting that puts the state in a position to examine new ways to provide tax relief to New Yorkers. The final report can be accessed here: http://www.governor.ny.gov/assets/documents/commission_report.pdf.

“For far too long, property taxes have been a crushing burden on New York homeowners and businesses, hurting job growth and driving individuals and families from the state,” Governor Cuomo said. “While we have made tremendous progress over the last three years in bringing down taxes for all New Yorkers, this Commission has taken the two billion dollar surplus that resulted from our responsible budgeting and fiscal reforms to propose even further reductions for New York taxpayers. I look forward to working together with the Legislature to review these recommendations and continue our efforts to reverse the state’s reputation as a tax capital and make New York a friendlier state for families and businesses.”

The Commission’s recommendations for tax relief build off three years of  holding state spending to 2%, ending automatic budget inflators in Medicaid and education spending, pension reform that will save taxpayers tens of billions of dollars, and a downsized state labor force.

Governor Pataki said, “Governor Cuomo asked us to focus on real property taxes and we did, delivering a robust program that will provide real relief to middle class taxpayers and especially those on fixed incomes. The Commission also recommends much needed reforms to estate, business and energy taxes and ensuring the PIT top rate phases out as planned. The Commission worked overtime to deliver our recommendations today and I’m proud of the package we’ve assembled.”

Chairman H. Carl McCall said, “This report shows once again what is possible when partisan differences are put aside for the good of the people. The members of the panel embraced the Governor’s charge and his cooperative approach to come up with bold recommendations made possible by three years of fiscally sound budgeting that has yielded a two billion dollar surplus. The old Albany would have spent this money, but under Governor Cuomo’s leadership, we will be giving it back where it belongs – in the pocket of tax payers.”

The key recommendations put forward by the Commission are based on the finding that the property tax remains the most burdensome tax facing individuals, families, and businesses in New York State, and a critical impediment to economic growth. New Yorkers continue to face some of the highest property tax bills in the nation, whether measured in absolute terms, or as a percentage of home value. The Commission recommends using $1 billion of the $2 billion revenue pool to further reduce the burden of the property tax on homeowners, and provide incentives for cost reduction at the local level.

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