ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

May 11, 2012

The school board rather than the Commissioner of Education in the party that may initiate disciplinary action against a school officer


The school board rather than the Commissioner of Education in the party that may initiate disciplinary action against a school officer
Decisions of the Commissioner of Education, Decision No. 16,350

An individual challenged the actions of the school board and various officers of the school district by filing an appeal with the Commissioner of Education in which he include a request that the Commissioner remove certain school officials from their respective positions.

The Commissioner dismissed the appeal and denied the removal application.

Addressing the denial of the individual’s “removal application” with respect to the superintendent and the assistant superintendent, the Commissioner explained that the individual must seek disciplinary action from the [superintendent’s and the assistant superintendent’s] employer, the board of education, in the first instance. 

Disciplinary action against a superintendent or assistant superintendent, said the Commissioner, is within “the discretion of the employing board of education.”

Accordingly, the individual should have brought his complaint to the board of education, whose decision may then be reviewed in an appeal to the Commissioner of Education.

The decision of the Commissioner is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume51/d16350.html

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case 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