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.
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