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 July 23, 2009Dennis M. WalcottPresidentNew York City Board of EducationCity HallNew York, NY 10007Dear President Walcott:As two of the appointing authorities of the New York City Board of Education, we arewriting to share with you steps that we believe must be taken without delay in order toensure the continued successful operation of our schools.As strong and continuing supporters of mayoral control, we join you and members of thepublic in being appalled at the political gamesmanship and intransigence that has led tothe sunset of the city’s school governance legislation and the continuing stalemate aboutits renewal.We have met the immediate crisis by reconstituting the Board and delegating immediateresponsibility for day-to-day operations of the system to Chancellor Klein.While these steps have stabilized what could have been a chaotic situation, we believecircumstances now require that we do more. The political situation in Albany remainsunsettled, and while the Senate may return in the fall, experience has sadly shown us thateven weeks of negotiation can prove fruitless. We must prepare for the possibility thatthe stalemate will continue and the Board as presently constituted will be the governingauthority of the system and its more than one million children for some months.As the accompanying report specifies, we believe there are three critical steps we musttake quickly, thereby creating the need for a Board meeting well before the nextcalendared meeting on September 10, 2009. Those three issues are: the adoption of bylaws and scheduling of regular public meetings; the review and approval by the Boardof all contracts with a monetary value over $1 million; and the temporary reconstitutionof local community school boards.
 
Public meetings and bylaws. Under the bylaws that guided the Board beforemayoral control was instituted, public sessions were held biweekly: first, aCommittee of the Whole that was largely informational; and the second a businessmeeting followed by a public agenda session at which members of the publicwere free to comment on Board matters.
 
While the exact schedule of meetings is a matter for discussion among Boardmembers, we believe the Board should meet often enough for members and theirappointing authorities to have a strong sense of the operations of the system, andfor the public to comment on Board issues and problems. Meeting agendasshould be published as far in advance as possible, and meetings should be held ina public space large enough for and accessible to interested parents and membersof the public.
 
Contracts. Appointing authorities and members of the Board have a clearfiduciary duty under the law to monitor and oversee spending within the Board’s$22 billion budget. While members cannot and should not attempt tomicromanage operations, we believe they can and should review all major new orrenewal contracts for goods and services, along with changes in the budget andcapital plan.
 
Community School Boards. This issue is particularly difficult to address withinthe law as written, since the boards have a clear role to play in elementary andmiddle schools, but no local school boards now exist and their elections will notbe held until next spring.After consulting with attorneys and experts in school governance, we arerecommending a compromise that we believe could help us through the legalthicket we face. The Chancellor has the legal authority to name trustees to takeover the operations of community school boards in cases where the boards are notfunctioning. We suggest that the board direct Chancellor Klein to use that powerto nominate two citywide trustees for each of the 32 community school districts,and name as the third trustee in each district the current president of the localcommunity education council. This solution would help ensure that thecommunity school districts are responsive to central authority, but still have astrong local voice.We must maintain an effective structure for meaningful parental input. Inaddition to the trustees, community education councils, although not officiallyrecognized under the current governance structure, should continue to act in anadvisory capacity for each district and remain a forum for parental engagement.In addition to these three priority matters, there are a number of other issues that shouldbe dealt with soon, such as a resolution making permanent and legally binding (as well asapplicable to all active city employees serving on the Board) the pledge by our appointeesto not collect additional compensation for their service and to forego all amenities such ascars and drivers as part of their Board membership.The attached report catalogues other administrative matters that we, as a board, must alsoaddress, including the employment of the community school district superintendents andBoard review of educational regulations and policies.
 
As appointing authorities and members of the current Board, we have clearresponsibilities and duties to parents and children. And with the passage of time and theunwelcome developments in Albany, we are obligated to more fully exercise ourstatutory responsibilities for the operation of the New York City schools.It is in that spirit that we ask for a meeting of the Board to be scheduled as early in themonth of August as is practical and consistent with Board bylaws.Sincerely,Scott M. Stringer Marty MarkowitzManhattan Borough President Brooklyn Borough PresidentEncl.: "A 7-Point Plan to Reconstitute the Pre-2002 School Governance Structure"Cc: First Deputy Mayor Patricia E. Harris, Mayor Bloomberg AppointeeDeputy Mayor Edward Skyler, Mayor Bloomberg AppointeeDolores M. Fernández, Bronx Borough PresidentRuben Diaz Jr.AppointeeCarlo A. Scissura, Brooklyn Borough President Marty Markowitz AppointeeJimmy Yan, Manhattan Borough President Scott M. Stringer AppointeeEdward Burke, Staten Island Borough President James E. Molinaro AppointeeChancellor Joel I. Klein, Department of EducationMichael Best, Secretary, Department of Education
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