Bill S4394-2011

Requires school district or BOCES employee to vacate position upon conviction for crime

Deems an employee of a school district or board of cooperative educational services an officer for the purpose of vacating of position upon commission of certain crimes.

Details

Actions

  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Apr 4, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S4394

TITLE OF BILL: An act to amend the public officers law, in relation to school district and board of cooperative educational services employees convicted of certain crimes

SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new paragraph (i) to subdivision 1 of section 30 of the Public Officers Law. School employees would be deemed to be public officers for purposes described by paragraph (e) of such subdivision; that is, school employees, if convicted of a felony, would be subject to removal from their office.

JUSTIFICATION: The Court of Appeals has described Public Officers Law section 30 (1) (e) as a statute which protects the public's right to rest assured that its officers are individuals of moral integrity in whom they may, without second thought, place their confidence and trust. Presently, prison guards, school board members, police officers, firefighters, attorneys, notaries public and building inspectors are treated as public officers under section 30(1)(e). The public should have the same protection against miscreant school employees who are held out as examples to, and often come into contact with, school children.

In Matter of Norfleet v. Casaletta, the Oswego City School District business manager was convicted in court of embezzling funds from his employer but was held not to be a public officer under section 30. The case was remitted to a hearing panel constituted under Education Law section 30. The tenure panel found the business manager not guilty, thereby ignoring the court conviction. The business manager was sent back into the schools.

When there has been a felony conviction, there is nothing left to litigate. Results such as the Oswego case undermine the public's confidence in our schools.

FISCAL IMPLICATIONS: Implementation of this measure would save the State and the school districts their respective costs of holding disciplinary proceedings.

PRIOR LEGISLATIVE HISTORY: 1995-96: Assembly Government Operations Cmte. 1997-98: Assembly Government Operations Cmte. 1999-00: Assembly Government Operations Cmte. 2001-02: Assembly Government Operations Cmte. 2003-04: Senate Investigations & Gov't Operations Cmte./Assembly Gov't Operations Cmte.

2005:06: Senate Investigations & Gov't Operations Cmte./Assembly Gov't Operations Cmte. 2009-10: Senate Investigations & Gov't Operations Cmte.

EFFECTIVE DATE: This act shall take effect immediately, and shall apply to any conviction on or after the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4394 2011-2012 Regular Sessions IN SENATE April 4, 2011 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public officers law, in relation to school district and board of cooperative educational services employees convicted of certain crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 30 of the public officers law is amended by adding a new paragraph i to read as follows: I. FOR THE PURPOSES OF PARAGRAPH E OF THIS SUBDIVISION, THE POSITION OF ANY EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DEEMED TO BE AN OFFICE. S 2. This act shall take effect immediately, and shall apply to any conviction occurring on or after the date on which it shall have become a law.

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