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N.B. §22 of the New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL applies this protocol to individuals referred to in a decision self-identifying as LGBTQA+.
April 5, 2011
Considering “mitigating factors” in setting a disciplinary penalty
Matter of Senior v Board of Education of Byram Hills Cent. School Dist., 37 AD3d 610,
The Board of Education of the Byram Hills Central School District adopted the findings of a disciplinary hearing officer that concluded that Fenton Senior was guilty of the charges of misconduct filed against him. The charge alleged that Senior was involved in an altercation with a co-worker. The penalty imposed by the Board: termination of Senior’s employment with the School District.
The Appellate Division, after affirming the finding that Senior was guilty of the charges filed against him, annulled the penalty imposed: termination. The court said that “the penalty of termination imposed was so disproportionate to the petitioner's conduct as to be shocking to one's sense of fairness,” citing Matter of Pell v Board of Education, 34 NY2d 222.
The court then remanded the case to the School Board “for the imposition of an appropriate penalty less severe than the termination of [Senior’s] employment.”
The reason given by the Appellate Division for remanding the case for the purpose of imposing a lesser penalty: The Board “failed to give adequate consideration to certain mitigating factors.”
The “mitigating factors” listed by the court: Strong’s four-year employment record was unblemished, and he performed good deeds in the community.
The decision is posted on the Internet at:
Public Personnel Law E-books
The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on https://booklocker.com/books/5215.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. Click on http://booklocker.com/books/7401.html for more information.
The Layoff, Preferred List and Reinstatement Manual - A 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
Disability Leave for fire, police and other public sector personnel - A 1098 page e-book focusing on disability benefits available to public officers and employees employed by New York State and its political subdivisions. For more information click on http://booklocker.com/books/3916.html