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Commissioner of Education grants school board member a certificate of good faith permitting the district to reimburse his legal fees and expenses

Commissioner of Education grants school board member a certificate of good faith permitting the district to reimburse his legal fees and expenses
Application of Fu-Yun Tang for the removal of Uri Kaufman as a member of the Board of Education of the Lawrence Union Free School District, Decisions of the Commissioner of Education, Decision No. 15,913

Fu-Yun Tang asked the Commissioner of Education to remove Uri Kaufman from the Board of Trustees of the Lawrence Union Free School District. The Commissioner denied the application as untimely.

Tang alleged that Member of the Board Kaufman was guilty of ?dereliction of duty? based on statements he allegedly made at a Board. Kaufman argued that the application was untimely.

The Commissioner found that the application was served on Kaufman on November 3, 2007, more than 30 days after the October 2, 2007 board meeting at which Kaufman was alleged to have made such statements. Noting ?An appeal to the Commissioner must be commenced within 30 days from the making of the decision or the performance of the act complained of, unless any delay is excused by the Commissioner for good cause shown,? applies to a removal application made pursuant to Education Law §306.

Tang said her delay was because ?she was ?unaware ... that [Kaufman] had moved homes since he was served with my prior grievance.??* Kaufman, however, submitted an affidavit stating that ?[a]t all times since December 2002, my family and I have lived at our current address.? Under these circumstances, said the Commissioner, ?I find no basis to excuse petitioner?s delay. Accordingly, the claim must be dismissed as untimely.?

The Commissioner then approved Kaufman?s application for a certificate of good faith pursuant to Education Law §3811(1). Such a certification is solely for the purpose of authorizing the board to indemnify Kaufman for legal fees and expenses incurred in defending a proceeding arising out of the exercise of his powers or performance of duties as a board member. The Commissioner found it appropriate to issue such certification as there has been no finding that Kaufman acted in bad faith

* On or about July 11, 2006, Tang commenced an application for the removal of respondent Kaufman and two other trustees.

The Commissioner?s decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume48/d15913.htm

Full post as published by New York Public Personnel Law on May 20, 2009 (boomark / email).