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Meeting Date:
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6/16/2021 - 5:00 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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10.7 Adoption of the Report of Findings and Recommendation by Hearing Officer J. Emmett Murphy regarding a School Aide, employee I.D. No. 300778.
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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 J. Emmett Murphy regarding a School Aide, employee I.D. No. 300778.
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Funding:
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Resolution:
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WHEREAS, a proceeding was commenced against employee ID No. 300778 based upon a Notice of Charges dated September 16, 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 Letter of October 2, 2020, Judge J. Emmett Murphy, was designated to serve as Hearing Officer for employee ID No. 300778; and
WHEREAS, the Hearing Officer held a hearing on the Notice of Charges, which took place on December 10, 2020; December 16, 2020; and, January 15, 2021; and
WHEREAS, employee ID No. 300778 was represented by counsel at the hearing; and
WHEARES, hearings were held on the Notice of Charges before Hearing Officer Judge J. Emmett Murphy and a Report and Recommendation dated May 25, 2021 was issued finding employee ID No. 300778 guilty of six specifications therein based upon the substantial evidence presented, and recommending that employee ID No. 300778 be suspended for sixty (60) days without pay from her employment; and
WHEREAS, the Board of Education has had an opportunity to review the record in this matter as well as the Report 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 and Recommendation dated May 25, 2021, so as to impose the penalty of sixty (60) days suspension without pay of employee ID No. 300778 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 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 and Recommendation, to the Office of the Corporation Counsel, the attorney for the Yonkers Public Schools, and to the attorney for employee ID No. 300778.
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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 Andrea Brown Moved, Member Dr. Rosalba Corrado Del Vecchio seconded to approve the Original motion 'WHEREAS, a proceeding was commenced against employee ID No. 300778 based upon a Notice of Charges dated September 16, 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 Letter of October 2, 2020, Judge J. Emmett Murphy, was designated to serve as Hearing Officer for employee ID No. 300778; and
WHEREAS, the Hearing Officer held a hearing on the Notice of Charges, which took place on December 10, 2020; December 16, 2020; and, January 15, 2021; and
WHEREAS, employee ID No. 300778 was represented by counsel at the hearing; and
WHEARES, hearings were held on the Notice of Charges before Hearing Officer Judge J. Emmett Murphy and a Report and Recommendation dated May 25, 2021 was issued finding employee ID No. 300778 guilty of six specifications therein based upon the substantial evidence presented, and recommending that employee ID No. 300778 be suspended for sixty (60) days without pay from her employment; and
WHEREAS, the Board of Education has had an opportunity to review the record in this matter as well as the Report 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 and Recommendation dated May 25, 2021, so as to impose the penalty of sixty (60) days suspension without pay of employee ID No. 300778 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 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 and Recommendation, to the Office of the Corporation Counsel, the attorney for the Yonkers Public Schools, and to the attorney for employee ID No. 300778.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 8 Nay: 0. | | The motion Carried 8 - 0 | | | | | Rev. Steve Lopez | Yes | | Andrea Brown | Yes | | Kevin Cacace | Yes | | Dr. Rosalba Corrado Del Vecchio | Yes | | Dr. John Castanaro | Yes | | Abdool H. Jamal | Yes | | Gail Burns | Yes | | Sheila Greenwald | Yes | |
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