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.
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