Issuing a Certification of Good Faith pursuant to Education Law §3811[1]
An
Education Law §3811[1] Certification of Good Faith requested by a Respondent in
connection with an appeal to the Commissioner of Education is issued solely for
the purpose of authorizing a board of education to indemnify such a Respondent
for costs incurred in defending himself* in a
proceeding arising out of the exercise of the Respondent’s powers or the
performance of the Respondent’s duties as a board member, officer, employee or other
actor described in §3811(1) unless the record establishes that the particular individual
requesting such a certification acted in bad faith. Click on the URL below to access this decision posted on
the Internet.
http://www.counsel.nysed.gov/Decisions/volume62/d18201
* §22 of New York State's
General Construction Law, in pertinent part, provides that “Whenever words of
the masculine or feminine gender appear in any law, rule or regulation, unless
the sense of the sentence indicates otherwise, they shall be deemed to refer to
both male or female persons.” Case summaries posted in NYPPL reflect
this protocol.
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