Labor & Employment Law

Teacher to be reimbursed expenses incurred in defending himself against criminal charges alleged by students

By Harvey Randall, Esq.

Teacher to be reimbursed expenses incurred in defending himself against criminal charges alleged by students
Timmerman v Board of Educ. of the City School Dist. of the City of New York, 2008 NY Slip Op 03969, Decided on April 29, 2008, Appellate Division, First Department

Dolph Timmerman appealed the New York City Board of Education?s refusal to reimburse him the expenses he incurred in defending himself against criminal charges leveled against him by two of his students. The Board rejected Timmerman?s request for reimbursement for his attorneys' fees and expenses because "criminal proceeding does not fall within the scope of Education Law §3028."

Education Law §3028 addresses the liability of school district for cost and attorney's fees of action against, or prosecutions of, teachers, members of supervisory and administrative staff or employees, and school volunteers.

The Appellate Division, disagreed and unanimously granted Timmerman?s petition seeking such payments.

Pointing out that "Judicial review of the propriety of any administrative determination is limited to the grounds invoked by the agency in making its determination" there was no agency interpretation with respect to the application of §3028 in the instant case, the Appellate Division decided that ?since the record shows that the criminal proceeding against [Timmerman] clearly arose out of disciplinary actions that he took against pupils, [the Board] should reimburse [him] for the attorneys' fees and expenses he incurred in defending himself,? citing Matter of Cutler v Poughkeepsie City School Dist., 73 AD2d 967.

Full post as published by New York Public Personnel Law on May 01, 2008 (boomark / email).