Education watchdog groups told The Washington Post that the city's School Construction Authority has made decisions over the past year to spend billions of dollars of taxpayer money without the necessary oversight.
SCA is responsible for the design and construction of New York City public schools. By law There will always be three board members: the president and two others appointed by the mayor.
“Each appointed commissioner shall hold office until his or her successor has been appointed and qualified,” the law states.
But when board member Lorraine Grillo retires on Aug. 31, 2023, the mayor did not appoint her replacement.
Schools Superintendent David Banks (or his deputy, Daniel Weisberg) and Technology Peter McCrea, businessman It has overseen an ever-expanding agency, but questions have been raised about the legality of the SCA's actions.
Last year, the two leaders approved hundreds of millions of dollars in contracts with consultants and construction companies, passed a $287.3 million operating budget and adopted a $17 billion, four-year capital plan.
“This shows a fundamental disrespect for the law and a continuing trend of lack of leadership from the mayor and heads of the SCA and Department of Education,” said Leonie Heimson, executive director of Class Size Matters, which called attention to the missing board members.
Laura Barbieri, a civil rights attorney who specializes in education, noted that the mayor has the power to appoint all three board members, including the chancellor, giving him complete control over the SCA.
“There is no independent oversight,” Barbieri said.
SCA Inspector General William Schafer also serves as vice president, an unusual dual role: He is jointly appointed by the SCA and the city's Bureau of Investigation and reports to both, but is on the SCA payroll. His job is to prevent waste and fraud and ensure the agency complies with the law.
“A third trustee needs to be appointed, not because it's against the law, but because the statute requires it,” Schafer told the Post.
Schafer argued that it was okay for only two directors to take action because the SCA Act provides that “a majority of all directors shall constitute a quorum for the conduct of business.”
Whether or not it's illegal, the SCA's inaction is worrying, said David Bloomfield, a professor of education at Brooklyn College and the CUNY Graduate School.
“This lengthy board vacancy reflects the mayor's cavalier attitude toward governance and his disregard for due process in this important function,” Bloomfield said.
City Hall denied claims that Mayor Adams had failed to appoint a third board member, with a spokesman saying the “search for candidates is active and ongoing.”
