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

June 15, 2015

Termination for lack of the proper teaching certificate not a disciplinary action requiring “notice and hearing”


Termination for lack of the proper teaching certificate not a disciplinary action requiring “notice and hearing”
2015 NY Slip Op 04732, Appellate Division, First Department

The Appellate Division rejected a teacher’s attempt to have the court annul the Department of Education of the City of
New York's (DOE) decision to terminate his employment.

The teacher’s employment had been terminated because of his “failing to maintain minimum qualifications” – his teaching certificate.  The Appellate Division ruled that the teacher had not been terminated for disciplinary reasons* and thus he was not entitled to a hearing pursuant to Education Law §3020-a, citing Matter of NYS Office of Children and Family Services v Lanterman.

In Lanterman, 62 AD3d 1118, affirmed 14 NY3d 275, [Ciparick, J., dissenting] the decision explains that an employee terminated after losing the license required to perform the duties of the position was not entitled to a pre-termination disciplinary hearing because “whether a teacher has the statutorily required qualifications for the position is not a disciplinary matter subject to that provision.”

Rather, said the court, "certification is a statutory prerequisite that an individual is required to have to qualify for a teaching position in the public school system; it has nothing to do with discipline and, as such, is not an issue that is subject to arbitration under [the cited] provision of the [collective bargaining agreement].”

In Lanterman  two state employees had challenged their dismissal because they lacked the credentials required for their jobs. The workers had demanded that the question of whether their dismissals were disciplinary actions should be submitted to arbitration. Here the Court of Appeals, citing Matter of Felix v New York City Dept. of Citywide Admin. Servs. 3 NY3d 498, indicated that dismissals based of the lack of "credentials required for [the] job" clearly were not disciplinary actions and “the [Lanterman plaintiffs'] assertion that they were does not have a relationship with their collective bargaining agreement sufficient to justify arbitration of the issue.”

* The court, noting that DOE’s decision to terminate the individual was based on his lack of a proper teaching certificate was not arbitrary and capricious, observed that the teacher had failed to show that when DOE terminated his employment that he had been “retroactively certified.” This suggests that the employer should make some minimum inquiry concerning the employee's possession of a valid license, certification or other instrument required by statute to lawfully perform the duties of the position.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2015/2015_04732.htm




The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 448 page e-book. For more information click on
http://thedisciplinebook.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 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