The Commissioner of Education does not have jurisdiction to remove trustees or employees of public library

The Commissioner of Education does not have jurisdiction to remove trustees or employees of public library

Decisions of the Commissioner of Education, Decision #17060

In this appeal the applicant asked the Commissioner of Education to remove "the Library Director and the Board of Trustees" of a public library pursuant to Education Law §306. 

The Commissioner said this aspect of the applicant's appeal "must be dismissed for lack of subject matter jurisdiction," explaining that Education Law §306 authorizes the Commissioner of Education to remove members of a board of education, superintendents and other school officers for willful violations of law or neglect of duty. 

However, said the Commissioner, a public library trustee or a Library Director is not a “school officer” as defined in Education Law §2(13) and such personnel are not among the officers listed in §306.  Accordingly public library personnel are not subject to removal by the Commissioner pursuant to Education Law §306.

The Commissioner then observed that a trustees of a public library, as the trustees of an education corporation, may be removed for misconduct or neglect of duty by the Board of Regents pursuant to Education Law §226(4). *

As to the Commissioner's authority with respect have jurisdiction over a "school officer," the decision notes that Education Law §2[13] defines the term school officer as follows: " The term 'school officer' means a clerk, collector, or treasurer of any school district; a trustee; a member of a board of education or other body in control of the schools by whatever name known in a union free school district, central school district, central high school district, or in a city school district; a superintendent of schools; a district superintendent; a supervisor of attendance or attendance officer; or other elective or appointive officer in a school district whose duties generally relate to the administration of affairs connected with the public school system.”

* An employee of a public library may be terminated from his or her position or otherwise disciplined by the trustees of a public library acting in their capacity as the appointing authority consistent with administrative due process.

Decision #17,060 is posted on the Internet at: 

http://www.counsel.nysed.gov/Decisions/volume56/d17060

Failure to comply with emergency leave regulations

Failure to comply with emergency leave regulations

Click on text highlighted in color  to access the full text of the decision

New York City Office of Administrative Trials and Hearings [OATH]  Administrative Law Judge Astrid B. Gloade recommended a 63 day suspension without pay, nine days for each proven charge, for a sanitation worker who failed to comply with emergency leave regulations on seven occasions.

The worker requested emergency leave three times due to car trouble, twice for emergency child care leave, and twice due to plumbing issues. On each occasion the worker failed to submit required documentation regarding his leave requests.

Due to the worker’s extensive disciplinary history, mostly for violating time and leave rules, Judge Gloade reasoned that a penalty at the highest end of the range imposed under similar circumstances was appropriate.

Dep’t of Sanitation v. Perez, OATH Index No. 370/17 (Jan. 20, 2017), modified on penalty, Comm’r Dec. (Feb. 7, 2017) (Commissioner imposed penalty of termination of employment).

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Audits and reports were issued by the New York State Comptroller during the week ending March 31, 2017

Audits and reports were issued by the New York State Comptroller during the week ending March 31, 2017
Source: Office of the State Comptroller

Links to material posted on the Internet highlighted in COLOR

Comptroller DiNapoli & A.G. Schneiderman Announce Felony Conviction of Upstate Woman for Pension Fraud and Welfare Fraud

New York State Comptroller Thomas P. DiNapoli and Attorney General Eric T. Schneiderman announced the conviction of Tammy Banack, a resident of Kirkville, New York, of the crime of grand larceny in the third degree, a class D felony. Banack pleaded guilty before Hon. Stephen J. Dougherty in Onondaga County Court in satisfaction of a five-count indictment handed up against her earlier this month charging her with stealing pension benefits issued to her deceased mother and fraudulently obtaining $19,000 in welfare benefits from the Onondaga County Department of Social Services.

Preschool Special Education Provider Received Nearly $6 Million for Ineligible Expenses

A Manhattan-based preschool for children with disabilities charged the State Education Department nearly $6 million for expenses that did not qualify for taxpayer reimbursement, State Comptroller Thomas P. DiNapoli announced. DiNapoli's auditof New York League for Early Learning Inc. focused on $138 million in expenses the school claimed for special education services over the three fiscal years ended June 30, 2014.

Comptroller DiNapoli and Mayor Brown Return Over $100,000 in Unclaimed Funds to Buffalo Residents

New York State Comptroller Thomas P. DiNapoli announced that $111,180 in unclaimed funds has been returned to Buffalo city residents since he partnered with Mayor Byron Brown on March 16 to urge people to claim their lost money. Over $88 million still remains available for residents to claim. 

New York State Comptroller Thomas P. DiNapoli announced his office completed audits of the

East Hampton Housing Authority – Board Oversight

Eggertsville Fire District – Financial Activity

Mastic Beach Fire District - Cash Disbursements

Town of Moira – Fiscal Oversight and Selected Financial Operations

Town of Oxford – Financial Management and the

Town of Somerset - Budgeting for Sales Tax.

 

Hearing officer's applying an incorrect standard in making his or her determination requires the remanding of the matter for a new hearing

Hearing officer's applying an incorrect standard in making his or her determination requires the remanding of the matter for a new hearing

McGowan v New York State & Local Police & Fire Retirement Sys., 2017 NY Slip Op 01751, Appellate Division, Third Department

James K. McGowanworked as a police officer for the Waterfront Commission of New York Harbor. In 2010, he applied for accidental disability retirement benefits, alleging that he was permanently incapacitated from performing his job duties as the result of a work-related motor vehicle accident that occurred in 2005. His application was denied upon the ground that he was not permanently incapacitated from performing his duties as a police officer, and McGowan requested a hearing and redetermination.

The Hearing Officer upheld the denial, finding that McGowan had failed to meet his burden of establishing that he was permanently incapacitated from performing his job duties and that the initial determination was supported by substantial evidence.

The Appellate Division overturned the Comptroller's adoption of the Hearing Officer's determination. The court ruled that the Hearing Officer misstated and applied the incorrect legal standard in rendering her decision.

The Hearing Officer, said the court, improperly analyzed whether the initial determination was supported by substantial evidence, "rather than undertaking a redetermination and exercising the same powers upon such hearing as upon the original application."

As the Comptroller failed to recognize this error of law prior to adopting the Hearing Officer's decision, the Appellate Division ruled that the Comptroller's the determination must be annulled and the matter remitted to the Comptroller for a new hearing.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2017/2017_01751.htm

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Appointments Pursuant to Sections 55-b and 55-c of the Civil Service Law

Appointments Pursuant to Sections 55-b and 55-c of the Civil Service Law

Source: NYS Department of Civil Service, Division of Staffing Services

NYS Department of Civil Service, Division of Staffing Services has published Policy Bulletin 17-01, Program Guidelines and Procedures for Appointments Pursuant to Sections 55-b and 55-c of the Civil Service Law.

These guidelines were adopted by the New York State Civil Service Commission at its meeting of February 2017 to clarify the policies and procedures to ensure the greatest employment opportunities for those persons with disabilities and Veterans with disabilities whose disabilities have placed them at a disadvantage in obtaining entry into the workforce.
 

The text of Policy Bulletin 17-01 is posted on the Internet at:

https://www.cs.ny.gov/ssd/Manuals/SPMM/1800Appointments/Policy%20Bulletin%2017-01.htm

A PDF version of Policy Bulletin 17-01 is available on the Internet at:

https://www.cs.ny.gov/ssd/pdf/pb17-01.pdf