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, July 09, 2014

Commissioner of Education lacks jurisdiction to consider an appeal from a person dismissed from a position in the Classified Service


Commissioner of Education lacks jurisdiction to consider an appeal from a person dismissed from a position in the Classified Service
Decisions of the Commissioner of Education, Decision No. 16,620

An Education Analyst [EA] filed an appeal with the Commissioner of Education challenging the New York City Department of Education’s terminating her employment and sought an order by the Commissioner directing the Department to reinstate her to her "former job status and title with full benefits."

The Department claimed that EA “was a probationary employee appointed to a civil service position [i.e., a position in the classified service] who failed to meet its expectations, that she was terminated from her position during her probationary period, and that its actions were legal, proper and reasonable.”*

The Commissioner said that the appeal must be dismissed for lack of subject matter jurisdiction explaining that Civil Service Law §17 vests jurisdiction to administer the provisions of the Civil Service Law with respect to the offices and employments in the classified service in the applicable civil service commission, personnel officer or other form of civil service administration.

In case of the City of New York, the City is empowered to administer the Civil Service Law through whatever form of administration it chooses to prescribe in its City Charter. Further, said the Commissioner, Civil Service Law §102(3) vests jurisdiction to address alleged violations of the Civil Service Law in State Supreme Courts.

In contrast, the Commissioner noted that under of the Civil Service Law §35(g), the Commissioner of Education has jurisdiction over positions certified as positions involving teaching and the supervisory staff of school districts and BOCES,  i.e., positions in the Unclassified Service.

The position of Education Analyst, however, is not among the positions that have been certified by the Commissioner of Education pursuant to §35 (g) of the Civil Service Law as a position involving teaching or being a member of the supervisory staff of a school district or a BOCES. To be considered a pedagogical position for which certification by the Commissioner is required the position must involve teaching or “the function of administration of teaching, i.e., supervision and direction of supervisors, principals and all other members of the teaching and supervisory staffs.”

Finding that there was no evidence in the record that EA’s job duties involved teaching or the supervision of pedagogical staff, the Commissioner said that “It is well settled that the termination of a classified [service] employee is not the proper subject of an appeal brought pursuant to §310 of the Education Law" and dismissed EA’s appeal.

*The Civil Service of the State of New York consists of positions jurisdictionally classified as being in the Unclassified Service and positions jurisdictionally classified as being in the Classified Service. In addition, there are a number of positions in the Military Service of the State.
.

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.

_____________________

.