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January 18, 2023

School district officers and school district employees distinguished

The Petitioner in this Education Law §306 appeal sought the removal of the school district's records access officer [RAO]. Noting that the Commissioner of Education is authorized to remove “any trustee, member of a board of education, clerk, collector, treasurer, district superintendent, superintendent of schools or other school officer,” i.e.  an “elective or appointive officer in a school district whose duties generally relate to the administration of affairs connected with the public school system”,  the Commissioner explained that the RAO is not a “school officer” listed in §306(1) but rather a school district employee. Accordingly, the Commissioner of Education has no authority to remove the RAO from the position under color of §306(1). Although all public officers are public employees, not all public employees are public officers.

Click HERE to access this Decision of the Commissioner of Education

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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.
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