Reopening of Appeal of NICOLE WILLIAMS from action of the Board of Education of the City School District of the City of Poughkeepsie, Shereen Cader and John Sammon regarding teacher transfers.

Decision No. 17,386

(May 8, 2018)

Law Office of Stanley J. Silverstone, attorneys for petitioner, Stanley J. Silverstone, Esq., of counsel

Bond Schoeneck & King PLLC, attorneys for respondents, Howard M. Miller, Esq., of counsel

ELIA, Commissioner.--Pursuant to §276.8(c) of the Commissioner’s regulations, I hereby determine that Decision No. 17,298, dated December 22, 2017, must be reopened with respect to respondents Cader and Sammon’s requests for certificates of good faith.  The original decision to sustain the appeal in part, however, remains unchanged.

Education Law §3811(1) provides for reimbursement of legal expenses to defend any action or proceeding, including an appeal commenced under Education Law §310, whenever:

any superintendent, principal, member of the teaching or supervisory staff ... shall defend any action or proceeding, other than a criminal prosecution or an action or proceeding brought against him by a school district or board of cooperative educational services hereafter brought against him, ... arising out of the exercise of his powers or the performance of his duties under this chapter, ... provided that ... (a) such superintendent, principal, member of the teaching or supervisory staff ... shall notify the trustees or board of education or board of cooperative educational services in writing of the commencement of such action or proceedings against him within five days after service of process upon him ... (emphasis added).

While I initially denied respondents Cader and Sammon’s requests for a certification of good faith, Education Law §3811 expressly authorizes members of the teaching staff to receive a certificate of good faith and, based on the record before me, there is no evidence that respondents Cader and Sammon acted in bad faith with respect to the exercise of their duties.  Therefore, I hereby find that respondents Cader and Sammon are entitled to the requested certificates. 

Thus, I hereby certify solely for the purpose of Education Law §3811(1) that respondents Cader and Sammon are entitled to receive the requested certificates (Application of Johnson, et al., 56 Ed Dept Rep, Decision No. 17,055; Application of Wallace, 52 id., Decision No. 16,479; Application of Wornum, 51 id., Decision No. 16,265).  All other aspects of my decision in Appeal of Williams (57 Ed Dept Rep, Decision No. 17,298) remain unaffected.

IT IS ORDERED that Decision No. 17,298 is reopened and modified to the extent indicated above.

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