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§306 appeal to Commissioner does not provide for an ?independent investigation?

By Harvey Randall, Esq.

§306 appeal to Commissioner does not provide for an ?independent investigation? Enrique Catalan v Board of Education of the Pocantico Hills Central School District Decisions of the Commissioner of Education, decision No. 15,660

Enrique Catalan, a resident of the Pocantico Hills Central School District, attended several public meetings at which the District?s proposed 2006-2007 budget was considered. Catalan questioned certain expenses and expressed his objections to the proposed budget at these meetings.

Alleging that in the spring of 2006, Dr. Elliott, Pocantico?s Superintendent of Schools, telephoned Catalan?s supervisor to request that the supervisor ?exert pressure upon [Catalan] to withdraw [his] opposition to the Proposed School Budget and ... made several defamatory remarks about [Catalan], Catalan asked the School Board to investigate Dr. Elliott?s conduct.

Advised that his concerns ?had been ?fully vetted? by the board and its attorney? and that the letter represented the board?s ?final comment? concerning his complaint, Catalan filed an appeal with the Commissioner seeking an ?independent investigation? of the facts surrounding Dr. Elliott?s conduct, order the ?immediate removal? of Dr. Elliott under Education Law §306 and order the ?immediate removal? of any board member(s) found to have played a role in Dr. Elliott?s conduct. Catalan also asked the Commissioner to award him $5,000 in damages.

After considering a number of technical issues, the Commissioner dismissed Catalan?s appeal demanding that the Commissioner investigate the conduct of Dr. Elliott and the board. The Commissioner pointed out that ?[a]n appeal to the Commissioner is appellate in nature and does not provide for investigations.?

As to the issue of damages, the Commissioner noted that he has no authority to award monetary damages, costs or reimbursements in an appeal pursuant to Education Law §310.

Full post as published by New York Public Personnel Law on May 02, 2008 (boomark / email).