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Failure to extend a contract of employment in the public service

Failure to extend a contract of employment in the public service
Voss v Rockland County Community College, 38 A.D.3d 880

When Thomas Voss? contract as Acting President of the Rockland Community College was not extended beyond its fixed date of expiration, he sued to ?recover damages for breach of contract.?

Supreme Court dismissed Voss? complaint and he appealed.

Affirming the lower court?s dismissal of his petition, the Appellate Division observed that Education Law §6306(2) provides, in relevant part, that ?[t]he board of trustees of each community college shall appoint a president for the college, subject to approval by the state university trustees.?

In rejecting Voss? appeal, the court said that the Community College ?made a prima facie showing? of its entitlement to summary judgment dismissing Voss? cause of action to recover damages for breach of contract, ?as the State University of New York Board of Trustees did not approve the contract seeking to extend the appointment of ?. Thomas G. Voss as the interim community college president.?*

Contract?s setting terms and conditions of employment are relatively rare in the public sector and are most frequently encountered in an education setting.

For example, Education Law §1711.3 provides for the Board of Education of a union free school district entering into a contract with its superintendent ?for a period of not less than three and not more than five years? while Education Law §2507.1, which applies to city school districts in cities having a population of less than 125000 inhabitants, provides, in relevant part, that ?The superintendent and any associate superintendent of schools in each school district shall hold his position subject to the pleasure of the board of education, except that the superintendent of schools may be appointed for a term of not to exceed five years?.?**

* N.B. §6306(2) provides, in relevant part, that ?[t]he board of trustees of each community college shall appoint a president for the college? but does not set any minimum or maximum period for such appointment. Further, §6306(2) does not specifically provide for entering into a ?contract for such service.?

** Education Law §2507.1 also provides that insofar as compensation is concerned, the terms of any such employment contract shall not be tied to the terms of any contract or collective bargaining agreement that the board of education has or will enter with the teachers or other employees of the school district.

Full post as published by New York Public Personnel Law on May 26, 2010 (boomark / email).