Board member’s defeat in an election to the board renders appeal seeking his or her removal from the board moot

Board member’s defeat in an election to the board renders appeal seeking his or her removal from the board moot

Decisions of the Commissioner of Education # 16,468

The Board of Education asked the Commissioner of Education to remove one of its members from the board, alleging the board member had breach of fiduciary duties and violations of district policies.

The board member denied the allegations. The Commissioner, however, dismissed the Board complaint without addressing its merits.

Subsequent to its filing its complaint, the board submitted an affidavit from its superintendent stating that board member “was defeated in [the] school board election and is no longer a member of the board."

Accordingly, the Commissioner ruled that the Board’s application to remove the member was moot and dismissed it, explaining that "the Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest.”

The Commissioner’s decision is posted on the Internet at:

http://www.counsel.nysed.gov/Decisions/volume52/documents/d16468.pdf

The State’s State Fire Prevention and Building Code Council to meet on July 16th 2013

The State’s State Fire Prevention and Building Code Council to meet on July 16^th 2013

Source: New York State Department of State

The New York Department of State’s State Fire Prevention and Building Code Council will hold a public meeting of the Council on Tuesday, July 16^th, 2013 at 10:00 a.m.at the Department of State, 99 Washington Avenue in Albany, 123 William Street in NYC, and 65 Court Street in Buffalo. 

The meeting will be held via videoconferencing to discuss a number of topics, including more restrictive local standards and the next Uniform Code and Energy Code Adoption update.

The public is welcome to attend the meeting at any of the locations listed below:

Albany:

Department of State

99 Washington Avenue (Commerce Plaza)

5^th Floor, Room 505

Albany, NY

New York City

123 William Street

20^th Floor, Executive Conference Room

New York, NY

Buffalo, New York:

65 Court Street

Room 208

Buffalo, NY

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Issued during the week ending July 6, 2013 [Click on text highlighted in bold to access the full report] 


DiNapoli: ESDC Needs to Better Monitor Foreign Offices

The Empire State Development Corp. needs to set clear performance standards to determine if its remaining four foreign offices are fulfilling their missions and bolstering New York’s economy through overseas business and investment, according to an audit released July 1, 2013 by State Comptroller Thomas P. DiNapoli.

DiNapoli: Westchester Special Education Provider Overcharged Taxpayers $800,000

The Westchester School for Special Children overcharged taxpayers by more than $800,000 over a four–year period, and engaged in questionable business transactions with companies connected to board members and executives, according to an audit released Wednesday by New York State Comptroller Thomas P. DiNapoli. The findings of the audit are under review by the Office of the Attorney General. Legislation that would improve oversight of preschool special education by mandating audits of every provider was recently passed by the legislature.

DiNapoli Returns Record $347 Million in Unclaimed Funds to Rightful Owners

A record amount of unclaimed funds, totaling $347 million, were paid out to individuals and organizations in the state’s last fiscal year, according to State Comptroller Thomas P. DiNapoli. This new record surpasses the previous year by $33 million. Currently, there is $12.5 billion in lost or forgotten money that is still waiting to be claimed.

DiNapoli Releases Bond Calendar for Third Quarter

New York State Comptroller Thomas P. DiNapoli on July 2, 2013 announced a tentative schedule for the planned public sale of obligations for the state, New York City, and their major public authorities during the third quarter of 2013.

Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli announced Tuesday, July 2, 2013, that his office completed audits of:

the Village of Albion;

the Bloomingburg Fire Company #1;

Cattaraugus County;

the Town of Dunkirk;

the Town of Hamden;

the City of Hudson;

the Killawog Fire District;

the City of Rochester;

the Town of Seneca Falls; and,

the Town of Wappinger.

Comptroller DiNapoli Releases Audits

New York State Comptroller Thomas P. DiNapoli announced Monday, July 1, 2013, the following audits have been issued:

the Department of Corrections and Community Supervision;

the Department of Environmental Conservation;

the New York State Health Insurance Program; and,

Statewide Travel Audits of the Department of Labor;

the Office of Mental Health; and,

the Department of Corrections and Community Supervision.

Comptroller DiNapoli Releases School Audits

New York State Comptroller Thomas P. DiNapoli Tuesday announced that his office completed audits of:

the South Country Central School District; and,

the Watervliet City School District.

A $12,500 fine imposed as the disciplinary penalty held shocking to one's sense of fairness and reduced to $1,250

A $12,500 fine imposed as the disciplinary penalty held shocking to one's sense of fairness and reduced to $1,250

2013 NY Slip Op 04278, Appellate Division, First Department

An arbitrator found a New York City Department of Education teacher guilty certain charges filed against her pursuant to Education Law §3020-a and imposed a fine of $12,500.

Supreme Court denied the teacher’s CPLR Article 75 petition* seeking to vacate the award and confirmed the arbitrator’s decision and penalty imposed. The teacher appealed.

The Appellate Division modified the Supreme Court’s ruling “on the law” only as to the fine imposed, reducing the fine to $1,250. 

The court said that the arbitrator found that the teacher was negligent in dealing with a stray kitten in her backyard rather than guilty of “intentional misconduct” as charged by the Department. Further, the arbitrator found that the teacher had “a 15 year unblemished record” and the conduct for which she was charged was completely unrelated to her professional work.

The Appellate Division found that the fine imposed, $12,500, was so “disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness” and reduce it accordingly.

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2013/2013_04278.htm

Federal regulation did not preempt employer’s obligation to collectively bargain a new employer policy in this instance

Federal regulation did not preempt employer’s obligation to collectively bargain a new employer policy in this instance

City of New York v Board of Collective Bargaining of the City of N.Y., 2013 NY Slip Op 04887, Appellate Division, First Department

The City of New York filed a petition pursuant to CPLR Article 78 in an effort to annul a decision by the Board of Collective Bargaining of the City of New York granting the union’s improper practice petition.

Supreme Court denied the City’s petition and granted the Board’s motion to dismiss the action. The Appellate Division affirmed the lower court’s rulings.

The City had claimed that “federal regulations” permitted its Department of Transportation [DOT] to unilaterally require an employee to submit a doctor's "fit for duty" statement following his or her absence from work for three or more days. The Appellate Division concluded that the City’s reliance on federal regulation in this instance was misplaced and did not preempt its obligation to collectively bargain requiring those employees absent from work for three or more days to produce a physician’s statement of “fitness.”

The court also rejected the City’s argument that it was “absolved from bargaining on ‘public policy’ grounds based on DOT’s mission of providing safety in the ferry system.”

The Appellate Division explained that there was nothing in the record to establish that the rule unilaterally imposed by DOT would substantially further its core mission of “safety in the ferry system.” In addition, said the court, there was nothing in the record that demonstrated any need for the new requirement unilaterally imposed by DOT sufficient to outweigh its adverse impact on the collectively-bargained rights of the employees to whom it would apply.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2013/2013_04887.htm