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School board?s statutory responsibility to call a special meeting of the district key to deciding an appeal seeking school superintendent's removal

School board?s statutory responsibility to call a special meeting of the district key to deciding an appeal seeking school superintendent's removal
Application of Frank W. Kolbmann for the removal of Garry F. Stone as superintendent of schools of the Holland Central School District, Decision No. 15,888

Frank W. Kolbmann asked the Commissioner to remove of Garry F. Stone (?Stone?) from his position as superintendent of schools of the Holland Central School District. The Commissioner declined to do so.

Kolbmann had alleged that Stone violated Education Law §§2004, 2007 and 2008(2) in connection with the calling of special meetings of school district voters and such violations justified Stone?s being removal from his position.

The Commissioner said that a member of the board of education or a superintendent of schools may be removed from office pursuant to Education Law §306 when it is proven to his satisfaction that the board member or superintendent had engaged in a willful violation or neglect of duty under the Education Law or had willfully disobeyed a decision, order, rule or regulation of the Board of Regents or Commissioner of Education.

In addition, the Commissioner noted the Kolbmann had the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which he sought relief.

Although Kolbmann contended that Stone violated Education Law §§2004, 2007 and 2008(2), the Commissioner pointed out that those sections of law place the duty of calling a special meeting of school district voters on the school board, not the school superintendent. Accordingly the Commissioner dismissed Kolbmann?s application.

The Commissioner then approved Stone?s request for a certificate of good faith pursuant to Education Law §3811(1).

A certificate of good faith authorizes the board to indemnify Stone for his legal fees and expenses incurred in defending himself in a proceeding arising out of the exercise of his powers or performance of his duties as superintendent. The Commissioner said that issuing the certificate was appropriate in this instance as there has been no finding that Stone acted in bad faith.

The full text of the Commissioner?s decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume48/d15888.htm

Full post as published by New York Public Personnel Law on March 19, 2009 (boomark / email).