Part-time teaching assistants not within the ambit of Education Law §3013(2) in the event of a layoff

Education Law §3013(2) provides as follows: "Whenever a trustee, board of trustee, board of education or board of cooperative educational services abolishes a position under this chapter, the services of the teacher having the least seniority in the system within the tenure of the position abolished shall be discontinued."

Two part-time teaching assistants [Petitioners] challenged their termination by the Board of Education when the Board declined to terminate the employment of at least two full-time teaching assistants having less seniority. Petitioners contended that the Board's decision resulting in their termination violate Education Law §3013(2) and provisions set out in a collective bargaining agreement between the Board and Petitioners' union.*

Supreme Court denied the Petitioners' petitions and dismissed the proceeding. The Appellate Division affirmed the Supreme Court's ruling.

Pursuant to Education Law §3013(2), whenever a board of education "abolishes a position under this chapter, the services of the teacher having the least seniority in the system within the tenure of the position abolished shall be discontinued." In this instance the relevant collective bargaining agreement provided that "[l]ayoffs for Teaching Assistants shall be in accordance with Education Law Section 3013." Moreover, the Court of Appeals has recognized that teaching assistants fall within the ambit of Education Law §3013(2) "for the purpose of determining layoffs".**

However, the Board contended that the protections afforded individuals pursuant to Education Law §3013(2) apply only to full-time teaching assistants and that the Petitioners were part-time teaching assistants. Petitioners did not dispute the Board's contention that Education Law §3013(2) applies only to full-time teaching assistants.

Citing Matter of Walters v Amityville Union Free School Dist., 251 AD2d 590, and Matter of Cole v Board of Educ. of Syosset Cent. School Dist., 167 AD2d 538, the Appellate Division, noting that Petitioners "failed to establish that they were full-time teaching assistants entitled to the protections afforded under Education Law §3013(2)", held that Supreme Court properly denied their petitions.  

* Taylor Law contract provisions, however, may not adversely affect the layoff rights vested in employees by law. See, for example, Plattsburgh v Local 788, 108 AD2d 1045 and Szumigala v Hicksville Union Free School District, 148 AD2d 621, citing Cheektowaga v Nyquest, 38 NY2d 137.

 ** Matter of Madison-Oneida Bd. of Coop. Educ. Servs. v Mills, 4 NY3d 51.

Click HERE to access the Appellate Division's decision posted on the Internet.

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The Layoff, Preferred List and Reinstatement Manual - a 645 page NYPPL e-book reviewing the relevant New York State laws, rules and regulations, and selected court and administrative decisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/5216.html

 

 

State Commission on Judicial Conduct determined a Town Court justice should be removed from office

The State Commission on Judicial Conduct determined that a Justice of a Town Court committed certain acts of misconduct and should be removed from office, citing Article VI, §22 of New York State's Constitution and Judiciary Law §44.

In lieu of a hearing, the Justice entered into an agreed statement of facts indicating that he had:

[1] "Brandished a loaded firearm at a litigant who was waiting for his case to be called; and

[2] Engaged in "improper fundraising".  

Finding that the "the record amply supports the conclusion that the Justice's misconduct 'transcends poor judgment' and warrants removal", the Court of Appeals held that the State Commission on Judicial Conduct's "determined sanction", removal from office, should be implemented.

Click HERE to access the Court of Appeals decision posted on the Internet.

 

Selected links to items focusing on government operations posted on the Internet during the week ending October 20, 2023

AI: 'A Helping Hand from Our Robot Overlords'
Arizona Chief Information Security Officer Ryan Murray sees two significant opportunities for artificial intelligence in cybersecurity. READ MORE

Cyber.Org Expands Initiative to Bring High Schoolers into Cyber
The group Cyber.org recently expanded its Project REACH program to more schools, as it looks to help create a more diverse cyber career pipeline. Many students are simply unaware of the career potential in the industry. READ MORE

Disaster Zone Podcast: A New Model for Emergency Management
How to do it differently. READ MORE

Ethical AI Procurement Requires Collaboration, Accountability
As state and local governments cautiously pursue AI, they must prioritize ethics, transparency and accountability in procurement to protect public interests and deliver on the technology's potential. READ MORE

FEMA Increases Climate Aid to Disadvantaged Communities
In FEMA’s desire to focus more on disadvantaged communities, the BRIC and FMA projects aim to deliver 40 percent of their overall benefits to communities that are “marginalized, overburdened by pollution and underserved.” READ MORE

How Should Public Libraries Leverage AI Technology?
A new report released last week by the Urban Libraries Council outlines five recommendations of how public libraries can use artificial intelligence technologies in their work to serve communities. READ MORE

NASCIO 2023 State CIO Survey Weighs IT Financial Models
The 2023 survey, released at the group’s annual conference, digs into several key issues for state CIOs: Are general funds better than chargebacks? Is cybersecurity insurance worth it? READ MORE

NYC Releases AI Action Plan, Business-Focused AI Chatbot
New York City has launched the MyCity Business Services chatbot in a beta form to help residents get information about starting or operating their businesses. The city also released an AI Action Plan to guide responsible city government use of the tech. READ MORE

One Year in, Public Safety Threat Alliance Plans for Growth
The Public Safety Threat Alliance plans to offer cybersecurity tabletop exercises and a real-time automated threat intelligence feed, and build up its international membership. READ MORE

Public Sector Tech Trends: A Modernization Guidebook
Learn how to build a more resilient, data-driven organization so you can meet demands like remote work, digital services, and risk management.
GET THE GUIDE

Redesigned Website Helps Org Better Respond to Disasters
Healthcare Ready has relaunched its website with new tools to help the public, the health-care sector and emergency managers to keep up with disasters and other health matters, including making it mobile friendly. READ MORE

Skills-Based Hiring Widens Potential Government Workforce
States and city governments are rethinking job requirements, replacing four-year degrees with proven skill applications to bring in new applicants.
READ MORE

State Data on Risk Factors for Cognitive Decline, HBI Road Map Webinar and New International Report of Risk Factors - READ MORE

Sustainability Is Key to State Plans for Federal Cyber Funds
As federal funding for local government cybersecurity comes down through state governments, North Carolina CIO James Weaver explains why it’s essential that projects aren’t just “one and done.” READ MORE

 

Municipal and School Audits released by New York State Comptroller Thomas P. DiNapoli

On October 18, 2023 New York State Comptroller Thomas P. DiNapoli announced the following local government and school audits were issued.

Click on the text highlighted in color to access both the summary and the complete audit report

 

Baldwin Union Free School District – Sexual Harassment Prevention (SHP) Training (Nassau County)

SHP training was not provided to all employees or any board members. Of the 120 total individuals tested (115 selected employees and all five board members), 17 employees and the five volunteer board members did not complete the annual training.

 

Burnt Hills – Ballston Lake Central School District – Employee Benefit Plan Forfeited Funds (Saratoga County)

District officials were not aware that the Health Flexible Spending Arrangement and Dependent Care Assistance Program administrator did not return forfeited funds totaling $25,701 to the district, as required. Because officials did not ensure the forfeited funds were returned, the funds were not available for the district’s use.

 

Eastern Suffolk Board of Cooperative Educational Services – Information Technology (IT) (Suffolk County)

Although BOCES officials restricted user account access to the financial application, they did not adequately manage user account access to the network. As a result, BOCES had an increased risk that the network could be accessed by unauthorized individuals. In addition to sensitive IT control weaknesses that were confidentially communicated to BOCES officials, auditors found that officials did not disable 681 network user accounts that were not needed or logged in to for at least six months.

 

South Kortright Central School District – Claims Audit (Delaware County)

Although the board and district officials generally ensured claims were adequately supported and properly audited prior to payment, certain purchases of goods and services auditors reviewed lacked necessary supporting documentation. In addition, the board did not comply with state law when it appointed the clerk of the board as the deputy claims auditor. The claims auditor and deputy claims auditor, as part of their claims audit process, did not verify that requests for proposals were solicited for seven professional service providers and an insurance provider that were paid a total of $205,042 during the audit period. Auditors found 18 claims totaling $20,834 were approved without documentation to verify compliance with the district’s procurement policy.

 

Village of Remsen – Clerk-Treasurer’s Records and Reports Audit Follow-Up (Oneida County)

The purpose of the review was to assess the village’s progress in implementing our recommendations in the audit report released in January 2021. Based on limited procedures, auditors found the village has not made progress implementing corrective action, as none of the nine audit recommendations were implemented. The board was unable to provide a reasonable explanation for taking no corrective action.

 

Uniondale Union Free School District – Information Technology (Nassau County)

District officials did not adequately manage nonstudent network user accounts and permissions. As a result, the district had an increased risk of unauthorized access to and use of the network and could potentially lose important data. In addition to sensitive IT control weaknesses that were confidentially communicated to officials, auditors found that the technology supervisor did not establish written procedures for granting, changing and disabling nonstudent network user account access or regularly review the accounts to ensure they are necessary. Additionally, they did not disable 3,471  of the enabled nonstudent network user accounts that were not needed.

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Former Town of Marion court clerk sentenced to jail, ordered to pay more than $59,000 in restitution

On October 18, ,2023, New York State Comptroller Thomas P. DiNapoli, Wayne County District Attorney Michael Calarco, and Acting Superintendent of State Police Dominick L. Chiumento announced that the former court clerk for the Town of Marion, Eileen Steurrys, was sentenced to serve six months in jail and pay over $59,000 in restitution after her conviction for embezzling from the town court and altering records in an effort to hide her crimes. 

“Ms. Steurrys thought she could abuse her position to steal from the public and conceal her theft.  She now faces the consequences of her betrayal of the public’s trust,” DiNapoli said. “My thanks to District Attorney Calarco and the State Police for their continuing partnership in combating public corruption.”

Wayne County Assistant District Attorney John Ferlicca said, “Eileen Steurrys abused the trust that had been placed in her by the Marion Town Court. Today she answered to the People of the State of New York for her crimes of using her court clerk position for personal enrichment.”

“The sentencing of Ms. Steurrys should serve as a reminder that those who choose to abuse their public position will be brought to justice,” said Acting Superintendent Dominick L. Chiumento. “This former court clerk stole money from the court to support her own lifestyle. We will not tolerate this illegal behavior or abuse of power. I applaud the work of the State Police members assigned to this case, the State Comptroller’s Office, and the Wayne County District Attorney’s Office for their dedicated and hard work in exposing this fraud.”

Ms. Steurrys' thefts were initially discovered when DiNapoli’s office audited the Town of Marion Court Fund. DiNapoli’s office then partnered with Wayne County District Attorney Calarco’s office and the State Police to investigate her crimes, leading to her arrest and conviction. The joint investigation determined that, from 2016 to 2021, Ms. Steurrys pocketed $59,293 in court fees paid by the public instead of depositing the money in the court’s account and altered court records and created phony receipts in an effort to hide the crimes.

On August 16, 2023, she pled guilty to grand larceny in the second degree, corrupting the government in the second degree, tampering with records in the first degree and official misconduct. Steurrys was sentenced in Wayne County Court.

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Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Allegations of fraud involving taxpayer money can be made by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.ny.gov or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.