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, October 28, 2015

Remanding a disciplinary penalty “to a new hearing officer” to determine a “lesser penalty”


Remanding a disciplinary penalty “to a new hearing officer” to determine a “lesser penalty”
Fox v New York City Dept. of Educ., 2015 NY Slip Op 07792, Appellate Division, First Department

The New York City Department of Education [DOE] appealed a decision by Supreme Court that [1] vacated the penalty of termination of a guidance counselor's employment imposed by DOE after a disciplinary hearing and [2] remanded the matter to DOE for a determination of a "lesser penalty” by a new hearing officer.  

The Appellate Division unanimously reversed the Supreme Court’s ruling “on the law” and reinstated the penalty imposed on the educator by DOE, dismissal from the position.

The Appellate Division explained that the guidance counselor had engaged in a course of conduct over two years demonstrating "insubordination, professional unfitness, inability to handle a crisis situation, disclosure of confidential information, and inadequate record keeping."

Under the circumstances, said the court, "The termination of [the guidance counselor's] employment is not so disproportionate to this pattern of misconduct as to shock our sense of fairness," citing Lackow v Department of Education, 51 AD3d 563.

The decision is posted on the Internet at:
_________________

A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service. For more information click on http://booklocker.com/books/7401.html
_________________

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.

_____________________

.