News Release - Statement By Mayor Robert J. Duffy Regarding Erroneous Claim of Van White

City of Rochester

News Release

(Thursday, January 14, 2010) - Van White’s statement that the State Constitution would be violated by allowing Rochester to have mayoral control of schools in this calendar year is legally and fundamentally flawed and just wrong.

Mr. White claimed that the N.Y.S. Constitution requires passage during two separate sessions of the Legislature to enact a statute to give the Mayor authority over the city’s public education system. That argument is without merit according to Article 9 of the Constitution.

This Article provides for home rule powers of local governments, which are counties, cities, towns or villages, not school districts. Article 9, Section 2, of the Constitution only requires two sessions when the legislature is enacting statutes which repeal, diminish, impair or suspend powers granted to a county, city, town or village. That would not be the case where the powers of the City government are increased to include education. In addition, education is a State concern under the Constitution, not a concern of local government. Article 9, Section 3, expressly provides that the power of the Legislature over public education is not restricted by Article 9.

The Counsel to the Governor’s Secretary of Education and the Governor’s Deputy Secretary of Education concurs with the City on our interpretation of this section of the Constitution. It is clear that school districts are not empowered under Article 9. The Constitution as it reads is clear on this matter. It is unfortunate that Mr. White failed to read the section following the Article of the Constitution he was quoting from, which clearly counters his position. His rush to go public further confused matters for an already anxious public.

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News Media: For further information please contact Gary Walker at 428-7135.