Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Wednesday, November 09, 2011

Hearing officer’s disciplinary determination vacated on the grounds that he had exceed his authority and failed to make a final award


Hearing officer’s disciplinary determination vacated on the grounds that he had exceed his authority and failed to make a final award
Matter of New York City Dept. of Educ. v Santino, 2011 NY Slip Op 32919(U), Supreme Court, New York County, Docket Number: 11401976/1, Judge Alexander W. Hunter Jr. [Not selected for publication in the Official Reports]

The NYC Department of Education [DOE] filed a CPLR Article 75 motion seeking to vacate the decision of a disciplinary hearing officer who, although finding the accused teacher guilty of incompetence and inefficiency, conduct unbecoming her position, and neglect of duty, directed her being “returned her to the classroom” for additional evaluation. 

DOE contended that the hearing officer had exceeded his jurisdiction and, or, so imperfectly executed it, that a final and definite award was not made. Judge Hunter agreed and granted DOE’s petition.

According to the decision, after finding the teacher guilty of a number of allegations, the hearing officer had directed DOE to return her to the classroom in “a school of its choosing” to undergo a new “evaluation period” of observation for a minimum of three months and he then reserved his decision as to a penalty to be imposed pending completion of the new evaluation.

DOD contended that the award must be vacated because the award was not final and definite; the penalty imposed by the hearing officer was unenforceable and the penalty was not one of the penalty options authorized by Education Law §3020-a.

Judge Hunter ruled that the hearing officer’s award was violative of two relevant provisions set out in the controlling collective bargaining agreement between the United Federation of Teachers and DOE.

In addition, the court found the hearing officer's award was indefinite and not final, and remanded the matter back to the same hearing officer to impose a penalty in accordance with Education Law §3020-a(4)(a). 

In the words of the court, “By forcing [DOE] to violate the UFT/DOE contract and by reserving his decision on a penalty, the matter submitted has not been resolved."

The decision is posted on the Internet at:

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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. 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 DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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 in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.