October 08, 2008
DAs urge veto of "double-dip" bill
A bill to address "revolving door" school superintendents--who retire and immediately are rehired by the same school districts--has the state District Attorneys Association urging a veto, because it also would apply to future retired police officers working at district attorney offices.
Governor David Paterson faces a Friday deadline to sign or veto a bill that not only would affect lawyers for school districts as described yesterday here , but also would overhaul the so-called 211 waiver process that allows retired government workers to "double dip," simultaneously collecting a pension and a salary.
The bill, introduced June 20 at the request of Attorney General Andrew Cuomo and passed by the Legislature June 23, further restricts the use of 211 waivers that enable state and local governments to hire a retiree under certain conditions. The bill says a waiver can be granted only if there is
an urgent need for his or her services...as a result of an unplanned, unpredictable and unexpected vacancy....[and] the prospective employer has undertaken extensive recruitment efforts to fill such vacancy [without success]....
The real kicker is that a retiree "may not return to work in the same or similar position for a period of one year following retirement".
That appears to require retired cops to sit out a year before going to work as investigators for district attorneys or Attorney General Cuomo. Or they immediately could get a job in another state or the private sector.
The District Attorneys Association says the bill would hamper criminal investigations. Noting that "virtually all" of their investigators are retired police officers granted 211 waivers,
It would be impossible to conduct these types of investigations without having these talented, experienced investigators available.
The state School Boards Association and the Council of School Superintendents oppose the bill on multiple grounds. Both say hiring a retired superintendent may be the best option. The Council of School Superintendents argues the one-year probation is a "bad idea".
Retired superintendents perform an essential role in providing transitional leadership for school districts. It makes no sense to require a superintendent to spend a year away from schools, allowing his or her experience to become stale.
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