Administrative decisions and actions must be made in compliance to the law
Cimino v Grasso, Decisions of the Commissioner of Education, #14,319
Michael J. Cimino asked the Commissioner of Education to remove members of the board of education and the superintendent of the Plainedge Union Free School District.
The complaint: the board and the superintendent had spent $79,000 to illegally construct and equip a room for the board without first obtaining voter approval, without getting competitive bids and without the board adopting a resolution authorizing the expenditures.
Cimino also alleged that expenditures for the purchase of computers, computer desks and online service for home use by board members constitutes an unconstitutional gift of public monies [Article VIII, Section 1].
Contending that all the expenditures were made in good faith and for legitimate district interests, school superintendent Gene Grasso took full responsibility for the decision to fund the projects with operation and maintenance monies rather than as capital expenses. He also said that the board had absolutely no involvement in the project.
The Commissioner, with certain exceptions, said that serious violations of law and policy have occurred in this matter. However, he also stated that removal from office is a drastic remedy that should be taken only in extreme circumstances. As there was no evidence that the superintendent or board members willfully violated the law and the construction constituted a substantial and continuing benefit to the district, the Commissioner declined to exercise his power of removal.
The superintendent and the board members were told to be absolutely scrupulous in their future compliance with the law, as additional violations of this kind may well subject them to removal.
.
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and in other jurisdictions in general.
ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law.
Email: publications@nycap.rr.com