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Meeting Date:
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4/17/2024 - 5:30 PM
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Category:
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PERSONNEL
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Type:
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Action
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Subject:
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13.5 Adoption of the Report of Findings and Recommendation by Hearing Officer Kenneth Bernstein regarding Employee I.D. No. 301349, School Aide.
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District Goals:
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Enclosure
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File Attachment:
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Rationale:
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To adopt the Determination of Hearing Officer Kenneth Bernstein regarding Employee I.D. No. 301349, School Aide.
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Funding:
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Resolution:
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WHEREAS, a proceeding was commenced against employee ID No. 301349 based upon a Notice of Charges dated February 12, 2024, preferred by Dr. Luis Rodriguez, Interim Superintendent of Schools, Yonkers Public Schools, pursuant to New York State Civil Service
Law Section 75; and
WHEREAS, the Board of Education approved the use of certain individuals to serve as hearing officers for Civil Service Law Section 75 proceedings at its Stated Meeting on November 20, 2018 through Resolution 12.2; and
WHEREAS, pursuant to Resolution 12.2 of November 20, 2018, Kenneth Bernstein, Esq., was designated to serve as Hearing Officer for employee ID No. 301349; and
WHEREAS, the Hearing Officer held a hearing on the Notice of Charges, which took place on March 8, 2024; and
WHEREAS, employee ID No. 301349 failed to answer the charges or appear at the hearing; and
WHEARES, hearings were held on the Notice of Charges before Hearing Officer Kenneth Bernstein, Esq. and a Report of Findings and Recommendations, dated April 8, 2024, was issued finding employee ID No. 301349 guilty of misconduct and incompetence based upon
the overwhelming preponderance of the substantial credible evidence, and recommending that employee ID No. 301349 be terminated from her employment; and
WHEREAS, the Board of Education has had an opportunity to review the record in this matter, the report of Findings and Recommendation of the Hearing Officer; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Education hereby adopts in its entirety the Hearing Officer’s Report of Findings and Recommendation dated April 8, 2024, so as to impose the penalty of immediate termination of employee ID No. 301349 from
employment with the Yonkers City Public School District; and
BE IT FURTHER RESOLVED, that the District Clerk is hereby directed to forward a certified copy of this Resolution together with a copy of the Hearing Officer’s Report of Findings and Recommendation, and a copy of the record in this matter to the Personnel Officer of the City of Yonkers pursuant to Civil Service Law Section 75, subdivision 3. Additionally, the District Clerk is hereby directed to forward a certified copy of this Resolution together with a copy of the Hearing Officer’s Report of Findings and Recommendation, to the Office of the
Corporation Counsel, the attorney for the Yonkers Public Schools, to employee ID No. 301349 at her last known address, and to the union representative for employee ID No. 301349.
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Approvals:
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Recommended By:
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Signed By:
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Carlos Moran - Commissioner
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Signed By:
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Matthew Gallagher - Corporation Counsel
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Signed By:
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Dr. Luis Rodriguez - Interim Superintendent of Schools
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Vote Results:
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| Original Motion | Member Lawrence Sykes Moved, Member Gail Burns seconded to approve the Original motion 'WHEREAS, a proceeding was commenced against employee ID No. 301349 based upon a Notice of Charges dated February 12, 2024, preferred by Dr. Luis Rodriguez, Interim Superintendent of Schools, Yonkers Public Schools, pursuant to New York State Civil Service
Law Section 75; and
WHEREAS, the Board of Education approved the use of certain individuals to serve as hearing officers for Civil Service Law Section 75 proceedings at its Stated Meeting on November 20, 2018 through Resolution 12.2; and
WHEREAS, pursuant to Resolution 12.2 of November 20, 2018, Kenneth Bernstein, Esq., was designated to serve as Hearing Officer for employee ID No. 301349; and
WHEREAS, the Hearing Officer held a hearing on the Notice of Charges, which took place on March 8, 2024; and
WHEREAS, employee ID No. 301349 failed to answer the charges or appear at the hearing; and
WHEARES, hearings were held on the Notice of Charges before Hearing Officer Kenneth Bernstein, Esq. and a Report of Findings and Recommendations, dated April 8, 2024, was issued finding employee ID No. 301349 guilty of misconduct and incompetence based upon
the overwhelming preponderance of the substantial credible evidence, and recommending that employee ID No. 301349 be terminated from her employment; and
WHEREAS, the Board of Education has had an opportunity to review the record in this matter, the report of Findings and Recommendation of the Hearing Officer; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Education hereby adopts in its entirety the Hearing Officer’s Report of Findings and Recommendation dated April 8, 2024, so as to impose the penalty of immediate termination of employee ID No. 301349 from
employment with the Yonkers City Public School District; and
BE IT FURTHER RESOLVED, that the District Clerk is hereby directed to forward a certified copy of this Resolution together with a copy of the Hearing Officer’s Report of Findings and Recommendation, and a copy of the record in this matter to the Personnel Officer of the City of Yonkers pursuant to Civil Service Law Section 75, subdivision 3. Additionally, the District Clerk is hereby directed to forward a certified copy of this Resolution together with a copy of the Hearing Officer’s Report of Findings and Recommendation, to the Office of the
Corporation Counsel, the attorney for the Yonkers Public Schools, to employee ID No. 301349 at her last known address, and to the union representative for employee ID No. 301349.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 8 Nay: 0. | | The motion Carried 8 - 0 | | | | | Rev. Steve Lopez | Yes | | Kevin Cacace | Yes | | Dr. Rosalba Corrado Del Vecchio | Yes | | Dr. John Castanaro | Yes | | Gail Burns | Yes | | Sheila Greenwald | Yes | | Rosemarie Linton | Yes | | Lawrence Sykes | Yes | |
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