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Removing information about disciplinary charges from an employee?s records

By Harvey Randall, Esq.

Removing information about disciplinary charges from an employee?s records
Olivares v Board of Educ. of the City School Dist. of the City of New York, 39 A.D.3d 230

Francisco Olivares, a tenured teacher employed by the New York City Department of Education (DOE), sued in effort to have references to misconduct charges filed against him that had been dismissed expunged from the files of the DOE?s Administrative Trial Unit (ATU).

Olivares contended that removal of such information from his records is required by Education Law §3020-a(4)(b).

The Appellate Division disagreed, ruling that the Education Law does not require DOE to expunge references to dismissed charges from the ATU files, since those files are not ?employment records? within the meaning of Education Law §3020-a(4)(b).[1]

In addition, said the court, 8 NYCRR Appendix I, requires the ATU to maintain records of dismissed disciplinary proceedings and charges for a minimum of three years after a final decision has been rendered.

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[1] Education Law §3020-a(4)(b) provides: (b) Within fifteen days of receipt of the hearing officer?s decision the employing board shall implement the decision. If the employee is acquitted, he or she shall be restored to his or her position with full pay for any period of suspension without pay and the charges expunged from the employment record. If an employee who was convicted of a felony crime specified in paragraph (b) of subdivision two of this section, has said conviction reversed, the employee, upon application, shall be entitled to have his pay and other emoluments restored, for the period from the date of his suspension to the date of the decision.

Full post as published by New York Public Personnel Law on January 22, 2008 (boomark / email).