Allowing Schools to Fire Teachers
with Poor Performance
Improving the quality of public education in New York
City through increasing accountability at all levels
has been one of the key initiatives of the Bloomberg
Administration. Although teachers and principals have
signi?cant job protection under State Law and collective
bargaining agreements, the Division has been successful
in defending decisions by the Chancellor to terminate
teachers and administrators who perform poorly or
engage in misconduct.
In addition to defending dozens of cases challenging
teachers who are dismissed after receiving three
unsatisfactory ratings, the Division also defends
more creative claims by teachers challenging their
terminations.
Division attorneys prevailed at trial in Ngemi v. Board
of Education, a case in which the plaintiff, a former
biology teacher, claimed that his termination violated
the First Amendment because he was terminated
for disregarding the science curriculum and, instead,
instructing students based on his own views of genetics.
In Matson v. Dept. of Education, Division lawyers obtained
dismissal of a case by a music teacher terminated after
it was discovered that she was improperly claiming sick
leave in order to work as a conductor of a symphony
orchestra.
19
Ensuring that Police Of?cers are Fit for Duty
The Police Department correctly demands that its of?cers
be ?t for duty at all times. Periodically, the NYPD updates
its policies and practices to further ensure the safety of
its members and the public. However, the NYPD’s efforts
in this regard are sometimes met by resistance from
individual of?cers or unions representing members of the
department, and they challenge the NYPD’s initiatives
in court.
When the NYPD sought to change the method of
conducting random drug tests of its employees from
urine testing to hair testing, the unions representing
almost all the ranks of the uniformed forced demanded
that the City negotiate with them over the change in
testing methodology. The issue was litigated all the way
to the New York Court of Appeals – the state’s highest
court – which ultimately decided that the City was
not required to negotiate over the change in testing
methodology.
Similarly, when the Police Commissioner issued a
new regulation requiring that all police officers who
are involved in a shooting incident immediately
submit to a breathalyzer test to determine whether
they were under the influence of alcohol, the
unions representing all ranks of police officers sued
alleging a violation of their constitutional rights. The
Division successfully opposed their demand for a
preliminary injunction to halt the new regulation’s
implementation.
Elevated railroad in New York City, called “suicide curve” at the time - 1896
The ?rst underground line of the subway opened on October 27, 1904,
almost 35 years after the opening of the ?rst elevated line in New York City.
LEGAL COUNSEL
Stephen Louis, Chief
Martha Mann Alfaro, Deputy
The Legal Counsel Division advises the Mayor, other elected of?cials and City agencies on a wide range of
municipal law issues, and drafts city and state legislation. Recent efforts have resulted in the adoption of new
construction safety protocols, energy standards, penalties for imitation ?rearms, and pedicab regulations.
Navigating Political Controversies in Albany
The Division worked for weeks on a host of issues arising
from the summer’s monthlong political stalemate in the
New York State Senate. The City’s extensive legislative
agenda in Albany required a thorough understanding
by City of?cials as to legal issues regarding legislative
majorities, special sessions, and the appointment of a
Lieutenant Governor.
Education Reform
The Division assisted the Department of Education as it
successfully sought a renewal, with some changes, of
school reform legislation that permitted mayoral control
of the schools along with other reforms.
Aiding Technology Progress
Division attorneys have supported the growth of the
City’s highly valued technology assets. The Division
worked on a request for proposals to ?nd a quali?ed
vendor to assist the City in applying to obtain the
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