BILL NUMBER : S1678

 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.

 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.