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Meeting Date:
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3/19/2025 - 5:30 PM
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Category:
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HUMAN RESOURCES
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Type:
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Action
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Subject:
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14.5 Adoption of the Report of Findings and Recommendation by Hearing Officer Kenneth Bernstein regarding Employee ID No. 393117
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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 ID No. 393117, School Aide.
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Funding:
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Resolution:
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WHEREAS, a disciplinary proceeding was commenced against employee ID No. 393117 based upon a Notice of Charges dated November 4, 2024, preferred by Anibal Soler, Jr., 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 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. 393117; and
WHEREAS, Employee ID No. 393117 was represented by counsel who submitted a response denying the specifications In the Notice of Charges; and
WHEREAS, the Hearing Officer held hearings on the Notice of Charges, which took place on January 7, 2025 and January 21, 2025; and
WHEREAS, hearings were held on the Notice of Charges before Hearing Officer Kenneth Bernstein, Esq. and a Report of Findings and Recommendations, dated February 25, 2024, was issued finding employee ID No. 393117 guilty of
incompetence, and recommending that employee ID No. 393117 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 February 25, 2025 so as to impose the penalty of immediate termination of employee ID No. 393117 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. 393117 at her last known address, and to the union representative for employee ID No. 393117.
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Approvals:
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Recommended By:
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Signed By:
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Ted Von Hoene - Deputy Commissioner of Human Resources
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Signed By:
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Matthew Gallagher - Corporation Counsel
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Signed By:
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Anibal Soler, Jr. - Superintendent of Schools
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Vote Results:
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| Original Motion | | Member Kevin Cacace Moved, Member Sheila Greenwald seconded to approve the Original motion 'WHEREAS, a disciplinary proceeding was commenced against employee ID No. 393117 based upon a Notice of Charges dated November 4, 2024, preferred by Anibal Soler, Jr., 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 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. 393117; and
WHEREAS, Employee ID No. 393117 was represented by counsel who submitted a response denying the specifications In the Notice of Charges; and
WHEREAS, the Hearing Officer held hearings on the Notice of Charges, which took place on January 7, 2025 and January 21, 2025; and
WHEREAS, hearings were held on the Notice of Charges before Hearing Officer Kenneth Bernstein, Esq. and a Report of Findings and Recommendations, dated February 25, 2024, was issued finding employee ID No. 393117 guilty of
incompetence, and recommending that employee ID No. 393117 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 February 25, 2025 so as to impose the penalty of immediate termination of employee ID No. 393117 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. 393117 at her last known address, and to the union representative for employee ID No. 393117.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 6 Nay: 0. | | The motion Carried 6 - 0 | | | | | Kevin Cacace | Yes | | Dr. Rosalba Corrado Del Vecchio | Yes | | Dr. John Castanaro | Yes | | Gail Burns | Yes | | Sheila Greenwald | Yes | | Rosemarie Linton | Yes | |
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