actual sworn expense incurred by each district superintendent of schools in the performance of his official duties, but the amount of such expense allowed shall not exceed in any year six hundred dollars. Such expenses shall be paid by the commissioner of education from moneys appropriated therefor. [Amended by L. 1910, ch. 607, and L. 1920, ch. 421, in effect May 3, 1920.] § 391 Salary of district superintendent may be withheld. The Commissioner of Education may, whenever he is satisfied that a district superintendent of schools has persistently neglected to perform an official duty, withhold payment of the whole or any part of such superintendent's salary as it shall become due and he may also withhold any sum to which such superintendent shall be entitled for expenses and the amount thus withheld shall be forfeited; but said Commissioner may in his discretion remit such forfeiture in whole or in part. [Amended by L. 1910, ch. 607.] § 392 Removal of district superintendent from office. The Commissioner of Education may, by an order under the seal of the Education Department, remove a district superintendent of schools from office whenever he is satisfied that such superintendent: 1 Has been guilty of immoral conduct; 2 Is incompetent to perform any official duty; or 3 Has persistently neglected or wilfully refused to perform any lawful duty imposed upon him. [Amended by L. 1910, ch. 607.] § 393 District superintendent not to be interested in certain business or to accept rewards, et cetera. A district superintendent of schools shall not: 1 Be directly or indirectly interested otherwise than as author in the sale, publication, or manufacture of school books, maps, charts, or school apparatus or in the sale or manufacture of school furniture or any other school or library supplies. 2 Be directly or indirectly interested in any contract made by the trustees of a school district. 3 Be directly or indirectly interested in any agency or bureau maintained to obtain or aid in obtaining positions for teachers or superintendents. 4 Directly or indirectly receive any emolument, gift, pay, reward or promise of pay or reward for recommending or procuring the sale, use or adoption or aiding in procuring the sale, use or adoption of any book, map, chart, school apparatus or furniture or other supplies for any school or library or for recommending a teacher or aiding a teacher in obtaining an appointment to teach. [Amended by L. 1910, ch. 607.] § 394 District superintendents not to engage in other business. A district superintendent of schools shall devote his whole time to the performance of the duties of his office and shall not engage in any other occupation or profession. Such time as shall not necessarily be devoted by a district superintendent of schools to the performance of the clerical and administrative work of his office shall be devoted to the visitation and inspection of the schools maintained in his supervisory district. [Amended by L. 1910, ch. 607.] § 395 General powers and duties of district superintendent. A district superintendent of schools shall have power and it shall be his duty: 1 To inquire from time to time into and ascertain whether the boundaries of the school districts within his supervisory district are definitely and plainly described in the records of the office of the proper town clerk; and in case the record of the boundaries of any school district shall be found indefinite or defective, or if the same shall be in dispute, then to cause the same to be amended or an amended record of the boundaries to be made. All necessary expenses incurred in establishing such amended records shall be a charge on the district or districts affected, to be audited and allowed by the trustees thereof, on the certificate of the district superintendent. 2 To assemble all the teachers of his district by towns or otherwise, for the purpose of conference on the course of study, for reports of and advice and counsel in relation to discipline, school management and other school work, and for promoting the general good of all the schools of the district. Teachers shall be entitled to compensation for days actually in attendance upon such conference. [Subdivision 2 amended by L. 1913, ch. 511.] 3 To frequently and thoroughly inspect the work done in the training classes maintained in his district and to report to the Commissioner of Education on the efficiency of the instruction given and the observation and practice work done by the members thereof. 4 To hold meetings of trustees and other school officers and to advise with and counsel them in relation to their powers and duties and particularly in relation to the repair, construction, heating, ventilating and lighting of schoolhouses and improving and adorning the school grounds. To especially advise trustees relative to the employment of teachers, the adoption of textbooks and the purchase of library books, school apparatus, furniture and supplies. 5 To direct the trustees of any district to make any alterations or repairs to the schoolhouses or outbuildings which shall, in his opinion, be necessary for the health or comfort of the pupils, but the amount which trustees shall be directed to expend in such alterations or repairs shall not exceed two hundred dollars in any one year. 6 To direct the trustees of any district to make any repairs or alterations to school furniture, or where in his opinion any furniture is unfit for use and not worth repairing, or when sufficient furniture is not provided, to direct that such new furniture shall be provided as he deems necessary, but the amount thus directed to be expended shall not exceed in any one year one hundred dollars. 7 To direct the trustees of any district to abate any nuisance in or on the school grounds. 8 To condemn a schoolhouse as provided elsewhere in this chapter. 9 To examine and license teachers pursuant to the provisions of this chapter. He shall also conduct such other examinations as the Commissioner of Education shall direct. 10 To examine any charge affecting the moral character of any teacher residing or employed within his district, and to revoke such teacher's certificate as elsewhere provided by this chapter. 11 To take affidavits and administer oaths in all matters pertaining to the public school system, but without charge or fee. 12 To take and report to the Commissioner of Education under the direction of such Commissioner testimony in a case on appeal. In such a case or in any matter or proceeding to be heard or determined by the district superintendent, he may issue a subpoena to compel the attendance of a witness. Service of such subpoena shall be made a reasonable time before the date named therein for the hearing, by exhibiting the same to the person so served, with the signature of the district superintendent of schools attached, and by leaving a copy thereof with such person. The witness shall be entitled to receive at the time of service, the same fees as provided by law for witnesses in a court of record. Disobedience to such subpoena shall subject the delinquent to a penalty of twenty-five dollars, which shall be recovered by the county treasurer in his name of office for the benefit of the county. 13 To exercise in his discretion any of the powers and perform any of the duties of another district superintendent on the written request of such other superintendent, and he must exercise such powers and perform such duties when directed to do so by the Commissioner of Education. 14 To make such investigations and to make such reports to the Commissioner of Education upon any matter or act as said Commissioner shall from time to time request. He shall make an annual report on the first day of September in such form and giving such information as the Commissioner of Education shall require. For this purpose he shall procure the reports of trustees of school districts from the town clerk's offices and after abstracting the necessary contents thereof shall indorse and deposit them with a copy of his abstract in the office of the county clerk. [Section amended by L. 1910, ch. 607.] § 396 District superintendent subject to the rules of Commissioner of Education. A district superintendent shall be subject to such rules and directions as the Commissioner of Education shall from time to time prescribe. [Amended by L. 1910, ch. 607.] $ 397 Other duties of a district superintendent. A district superintendent of schools shall, in addition to the duties especially conferred upon him by this title, possess and be subject to all the powers, duties and responsibilities with which a school commissioner is charged by law. [Amended by L. 1910, ch. 607.] § 398 Appeals from acts of district superintendent, et cetera. Appeals from the official acts of a district superintendent of schools or from his refusal or failure to act in any matter in which he may legally act, may be taken to the Commissioner of Education. All questions in controversy relating to the election of such district superintendent or to the formation of supervisory district shall be determined by the Commissioner of Education on proper appeal. The provisions of article 14 of this chapter shall apply to and govern such appeals and decisions therein. [Amended by L. 1910, ch. 607.] Payment of Certain Expenses of District Superintendents [County Law, § 12] 31 The board of supervisors is authorized to provide for the payment of properly itemized and verified bills of district superintendents of schools of the supervisory districts in the county rendered by them for expenses incurred for necessary printing and office supplies, subject to such conditions as the board may prescribe. The board may, by resolution, authorize the incurring of indebtedness for such purposes and when so authorized the bills therefor shall be audited and paid in the same manner as other charges against the county. [Subdivision added by L. 1914, ch. 389, in effect April 16, 1914.] ARTICLE 15 Assessment and Collection of Taxes Section 410 Assessment of taxes 410-a Levy of taxes in Suffolk county 410-6 Temporary loans in Suffolk county in anticipation of taxes 411 Property to be assessed 416 Persons working land on shares and vendees in possession liable to taxation 417 Liability of property of certain absentee owners 418 Certain exemptions from tax for building schoolhouse 419 Right of certain tenants to charge tax to landlord 420 Requisites and authority of collector's warrant Time for delivery of warrant to collector Jurisdiction of collector 421 422 427 Notice to railroad companies and certain other corporations of assessment and tax 428 Payment of tax by railroad and certain other corporations to county treasurer 429 Duty of collector after failure of railroad and certain other corporations to pay within thirty days 430 Payment of tax by county treasurer to collector 431 Such companies may pay collector 432 Trustee's right of action to recover tax 433 Collector's return of unpaid taxes 434 Certification by trustees of collector's return 435 Payment of unpaid taxes from county treasury 437 Payment before levy |