senate Bill S4394

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

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Apr / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

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.

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Bill Details

Versions:
S4394
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd ยง30, Pub Off L
Versions Introduced in 2009-2010 Legislative Cycle:
S1678

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4394

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10478-01-1

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