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Meeting Date:
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11/18/2020 - 7:00 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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12.5 Adoption of the Report of Findings and Recommendation by Hearing Officer Kenneth M. Bernstein regarding Employee a Custodial Worker, I.D. No. 00868.
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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 Findings and Recommendation of Hearing Officer Kenneth M. Bernstein regarding Employee a Custodial Worker, I.D. No. 00868.
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Funding:
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Resolution:
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WHEREAS, a proceeding was commenced against employee ID No. 00868 based upon a Notice of Charges, as amended and dated September 11, 2020, preferred by Dr. Edwin M. Quezada, 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 February 10, 2016 through Resolution 11.2; and
WHEREAS, pursuant to Resolution of February 3, 2020, Kenneth M. Bernstein, was designated to serve as Hearing Officer for employee ID No. 00868; and
WHEREAS, the Hearing Officer held a hearing on the Notice of Charges, which took place on September 29, October 1 and October 15, 2020; and
WHEREAS, employee ID No. 00868 was represented by counsel at the hearing; and
WHEARES, hearings were held on the Notice of Charges before Hearing Officer Kenneth M. Bernstein and a Report of Findings and Recommendations, dated November 7, 2020, was issued finding employee ID No. 00868 guilty of six specifications therein based upon the substantial evidence presented, and recommending that employee ID No. 00868 be terminated from his 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 November 7, 2020, so as to impose the penalty of immediate termination of employee ID No. 00868 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, and to the attorney for employee ID No. 00868.
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Approvals:
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Recommended By:
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Signed By:
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Dr. Edwin M. Quezada - Superintendent of Schools
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Vote Results:
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| Original Motion | Member Dr. John Castanaro Moved, Member Lakisha Collins-Bellamy seconded to approve the Original motion 'WHEREAS, a proceeding was commenced against employee ID No. 00868 based upon a Notice of Charges, as amended and dated September 11, 2020, preferred by Dr. Edwin M. Quezada, 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 February 10, 2016 through Resolution 11.2; and
WHEREAS, pursuant to Resolution of February 3, 2020, Kenneth M. Bernstein, was designated to serve as Hearing Officer for employee ID No. 00868; and
WHEREAS, the Hearing Officer held a hearing on the Notice of Charges, which took place on September 29, October 1 and October 15, 2020; and
WHEREAS, employee ID No. 00868 was represented by counsel at the hearing; and
WHEARES, hearings were held on the Notice of Charges before Hearing Officer Kenneth M. Bernstein and a Report of Findings and Recommendations, dated November 7, 2020, was issued finding employee ID No. 00868 guilty of six specifications therein based upon the substantial evidence presented, and recommending that employee ID No. 00868 be terminated from his 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 November 7, 2020, so as to impose the penalty of immediate termination of employee ID No. 00868 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, and to the attorney for employee ID No. 00868.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 7 Nay: 0. | | The motion Carried 7 - 0 | | | | | Andrea Brown | Yes | | Rev. Steve Lopez | Yes | | Kevin Cacace | Yes | | Dr. John Castanaro | Yes | | Dr. Rosalba Corrado Del Vecchio | Yes | | Lakisha Collins-Bellamy | Yes | | Gail Burns | Yes | |
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