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Friday, December 14, 2012

The penalty of termination imposed on petitioner was excessive in light of all the circumstances


The penalty of termination imposed on petitioner was excessive in light of all the circumstances
Principe v New York City Dept. of Educ., 2012 NY Slip Op 08568, Court of Appeals

The Court of Appeal, Judge Smith dissenting, said that Appellate Division [94 AD3d 43] “correctly determined that the penalty of termination imposed on petitioner was excessive in light of all the circumstances.”

The Appellate Division decided that “Given all of the circumstances, including the educator’s “spotless record as a teacher for five years and his promotion to dean two years prior to the incidents at issue,” the penalty excessive and shocking to [its] sense of fairness, citing the Pell Doctrine [Pell v Board of Educ. Of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222].

NYPPL's summary of the Appellate Division’s ruling is posted on the Internet at:

The Court of Appeals’ ruling is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_08568.htm
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NYPER’s new e-manual A Reasonable Disciplinary Penalty Under the Circumstances - A Concise Guide to Penalties That Have Been Imposed on Public Employees in New York State Found Guilty of Selected Acts of Misconduct – is scheduled for publication in January 2013. For information about this e-manual send your e-mail to publications@nycap.rr.com with the word “Reasonable” in the subject line.


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/

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