Bill Text: NY S07224 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to tenured teacher discipline; specifies one hundred twenty days of suspension; provides that all rulings on substantive motions shall be placed on the record with a full explanation of the hearing officer's reasoning; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-24 - REFERRED TO EDUCATION [S07224 Detail]
Download: New_York-2009-S07224-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7224
I N S E N A T E
March 24, 2010
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to tenured teacher disci-
pline
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 2 of section 3020-a of the
2 education law, as separately amended by chapters 296 and 325 of the laws
3 of 2008, is amended to read as follows:
4 (b) The employee may be suspended pending a hearing on the charges and
5 the final determination thereof. The suspension shall be with pay FOR A
6 PERIOD OF ONE HUNDRED TWENTY DAYS, except the employee may be suspended
7 without pay IMMEDIATELY if the employee has entered a guilty plea to or
8 has been convicted of a felony crime concerning the criminal sale or
9 possession of a controlled substance, a precursor of a controlled
10 substance, or drug paraphernalia as defined in article two hundred twen-
11 ty or two hundred twenty-one of the penal law; or a felony crime involv-
12 ing the physical abuse of a minor or student. The employee shall be
13 terminated without a hearing, as provided for in this section, upon
14 conviction of a sex offense, as defined in subparagraph two of paragraph
15 b of subdivision seven-a of section three hundred five of this chapter.
16 To the extent this section applies to an employee acting as a school
17 administrator or supervisor, as defined in subparagraph three of para-
18 graph b of subdivision seven-b of section three hundred five of this
19 chapter, such employee shall be terminated without a hearing, as
20 provided for in this section, upon conviction of a felony offense
21 defined in subparagraph two of paragraph b of subdivision seven-b of
22 section three hundred five of this chapter.
23 S 2. Subdivisions 3, 4 and 5 of section 3020-a of the education law,
24 as amended by chapter 691 of the laws of 1994, are amended to read as
25 follows:
26 3. Hearings. a. Notice of hearing. Upon receipt of a request for a
27 hearing in accordance with subdivision two of this section, the commis-
28 sioner [of education] shall forthwith notify the American Arbitration
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00555-01-9
S. 7224 2
1 Association (hereinafter "association") of the need for a hearing and
2 shall request the association to provide to the commissioner forthwith a
3 list of names of persons [chosen by the association] from the associ-
4 ation's panel of labor arbitrators to potentially serve as hearing offi-
5 cers together with relevant biographical information on each arbitrator.
6 Upon receipt of said list and biographical information, the commissioner
7 [of education] shall [forthwith send a copy of both simultaneously]
8 WITHIN TEN BUSINESS DAYS APPOINT A HEARING OFFICER FROM SAID LIST OF
9 NAMES PROVIDED BY THE ASSOCIATION. UPON APPOINTMENT, THE COMMISSIONER
10 SHALL IMMEDIATELY SEND NOTIFICATION OF THE HEARING OFFICER APPOINTED to
11 the employing board and the employee.
12 b. APPOINTMENT. APPOINTMENT FROM SUCH LIST SHALL BE MADE ON A SEQUEN-
13 TIAL BASIS BEGINNING WITH THE FIRST NAME APPEARING ON SUCH LIST. SHOULD
14 THAT HEARING OFFICER DECLINE APPOINTMENT, OR IF, WITHIN FORTY-EIGHT
15 HOURS, THE HEARING OFFICER FAILS TO RESPOND OR IS UNREACHABLE AFTER
16 REASONABLE EFFORTS BY THE COMMISSIONER, EACH SUCCESSIVE HEARING OFFICER
17 WHOSE NAME NEXT APPEARS ON THE LIST SHALL BE OFFERED AN APPOINTMENT,
18 UNTIL SUCH APPOINTMENT IS ACCEPTED. ARBITRATORS MAY NOT ACCEPT AN
19 APPOINTMENT UNLESS THEY ARE AVAILABLE TO COMMENCE AND COMPLETE THE HEAR-
20 ING WITHIN THE TIME FRAMES SPECIFIED IN THIS SECTION. AN ARBITRATOR'S
21 UNEXCUSED FAILURE TO COMPLY WITH THE TIME FRAMES SPECIFIED IN THIS
22 SECTION SHALL BE DEEMED GOOD AND SUFFICIENT GROUNDS FOR DISQUALIFYING
23 HIM OR HER FROM CONSIDERATION FOR APPOINTMENT FROM SUCH LIST SPECIFIED
24 IN PARAGRAPH A OF THIS SUBDIVISION. IF, AFTER COMMENCEMENT OF A HEARING
25 AND BY MUTUAL AGREEMENT OF THE PARTIES, THE HEARING OFFICER IS DEEMED
26 INCAPACITATED OR OTHERWISE UNAVAILABLE OR UNWILLING TO CONTINUE THE
27 HEARING OR ISSUE THE DECISION, THE COMMISSIONER SHALL RESCIND THE
28 APPOINTMENT OF THE HEARING OFFICER AND APPOINT A NEW HEARING OFFICER IN
29 ACCORDANCE WITH THE PROCEDURES AS SET FORTH IN THIS SUBDIVISION, AND THE
30 NEW HEARING OFFICER SHALL RESUME AND CONTINUE THE HEARING AT THE POINT
31 AT WHICH IT WAS INTERRUPTED.
32 C. TRAINING PROGRAM. (I) THE COMMISSIONER SHALL ESTABLISH A TRAINING
33 PROGRAM WHICH SHALL BE COMPLETED TO THE SATISFACTION OF THE COMMISSIONER
34 AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES OF
35 PERSONS FROM THE ASSOCIATION'S PANEL OF LABOR ARBITRATORS TO POTENTIALLY
36 SERVE AS HEARING OFFICERS UNDER THIS SECTION.
37 (II) EFFECTIVE SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SUBPARA-
38 GRAPH, AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES
39 OF PERSONS CHOSEN BY THE ASSOCIATION FROM THE ASSOCIATION'S PANEL OF
40 LABOR ARBITRATORS TO POTENTIALLY SERVE AS A HEARING OFFICER, AN ARBITRA-
41 TOR SHALL:
42 (A) HAVE SUCCESSFULLY COMPLETED A TRAINING PROGRAM PURSUANT TO SUBPAR-
43 AGRAPH (I) OF THIS PARAGRAPH;
44 (B) ATTEND SUCH PERIODIC UPDATE PROGRAMS AS MAY BE SCHEDULED BY THE
45 COMMISSIONER;
46 (C) POSSESS KNOWLEDGE OF, AND THE ABILITY TO UNDERSTAND, THE
47 PROVISIONS OF APPLICABLE LAW AND REGULATIONS PERTAINING TO THE DISCI-
48 PLINE OF TENURED EMPLOYEES UNDER THIS SECTION AND ADMINISTRATIVE AND
49 JUDICIAL INTERPRETATIONS OF SUCH LAW AND REGULATIONS;
50 (D) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A HEAR-
51 ING, AND IN REACHING AND WRITING A DECISION AND THE ABILITY TO CONDUCT
52 HEARINGS IN ACCORDANCE WITH APPROPRIATE, STANDARD LEGAL PRACTICE; AND
53 (E) ANNUALLY SUBMIT, IN A FORMAT AND BY A DATE PRESCRIBED BY THE
54 COMMISSIONER, A CERTIFICATION THAT THE HEARING OFFICER MEETS THE
55 REQUIREMENTS OF THIS SUBDIVISION.
S. 7224 3
1 (III) THE COMMISSIONER SHALL ESTABLISH STANDARDS ALLOWING ARBITRATORS
2 TO DOCUMENT THEIR QUALIFICATION TO BE IMMEDIATELY ELIGIBLE FOR APPOINT-
3 MENT FROM SUCH LIST SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION.
4 [(i)] D. Hearing officers. All hearings pursuant to this section
5 shall be conducted before and by a single hearing officer selected as
6 provided for in this section. A hearing officer shall not be eligible
7 to serve as such if he or she is a resident of the school district,
8 other than the city of New York, under the jurisdiction of the employing
9 board, an employee, agent or representative of the employing board or of
10 any labor organization representing employees of such employing board,
11 has served as such agent or representative within two years of the date
12 of the scheduled hearing, or if he or she is then serving as a mediator
13 or fact finder in the same school district. Notwithstanding any other
14 provision of law, the hearing officer shall be compensated by the
15 department with the customary fee paid for service as an arbitrator
16 under the auspices of the association for each day of actual service
17 plus necessary travel and other reasonable expenses incurred in the
18 performance of his or her duties. All other expenses of the disciplinary
19 proceedings shall be paid in accordance with rules promulgated by the
20 commissioner [of education].
21 [(ii) Not later than ten days after the date the commissioner mails to
22 the employing board and the employee the list of potential hearing offi-
23 cers and biographies provided to the commissioner by the association,
24 the employing board and the employee, individually or through their
25 agents or representatives, shall by mutual agreement select a hearing
26 officer from said list to conduct the hearing and shall notify the
27 commissioner of their selection.
28 (iii) If the employing board and the employee fail to agree on an
29 arbitrator to serve as a hearing officer from said list and so notify
30 the commissioner within ten days after receiving the list from the
31 commissioner, the commissioner shall request the association to appoint
32 a hearing officer from said list.
33 (iv) In those cases in which the employee elects to have the charges
34 heard by a hearing panel, the hearing panel shall consist of the hearing
35 officer, selected in accordance with this subdivision, and two addi-
36 tional persons, one selected by the employee and one selected by the
37 employing board, from a list maintained for such purpose by the commis-
38 sioner of education. The list shall be composed of professional person-
39 nel with administrative or supervisory responsibility, professional
40 personnel without administrative or supervisory responsibility, chief
41 school administrators, members of employing boards and others selected
42 from lists of nominees submitted to the commissioner by statewide organ-
43 izations representing teachers, school administrators and supervisors
44 and the employing boards. Hearing panel members other than the hearing
45 officer shall be compensated by the department of education at the rate
46 of one hundred dollars for each day of actual service plus necessary
47 travel and subsistence expenses. The hearing officer shall be compen-
48 sated as set forth in this subdivision. The hearing officer shall be the
49 chairman of the hearing panel.
50 c.] E. Hearing procedures. (i) The commissioner [of education] shall
51 have the power to establish necessary rules and procedures for the
52 conduct of hearings under this section. Such rules shall not require
53 compliance with technical rules of evidence. Hearings shall be
54 conducted by the hearing officer [selected] APPOINTED pursuant to [para-
55 graph] PARAGRAPHS A AND b of this subdivision with full and fair disclo-
56 sure of [the nature of the case and evidence against the employee] ALL
S. 7224 4
1 MATERIAL RELEVANT TO THE PROSECUTION OR DEFENSE OF THIS ACTION by the
2 [employing board] PARTIES TEN BUSINESS DAYS PRIOR TO THE FIRST HEARING
3 DATE and shall be public or private at the discretion of the employee.
4 The employee shall have a reasonable opportunity to defend himself or
5 herself and an opportunity to testify in his or her own behalf. The
6 employee shall not be required to testify, HOWEVER, THIS RIGHT SHALL NOT
7 BE CONSTRUED TO MEAN THAT THE EMPLOYEE MAY REFUSE TO COOPERATE IN THE
8 EMPLOYING SCHOOL DISTRICT'S INVESTIGATION OF ALLEGATIONS OF MISCONDUCT
9 OR INCOMPETENCE RAISED AGAINST HIM OR HER. Each party shall have the
10 right to be represented by counsel, to subpoena witnesses, and to cross-
11 examine witnesses. All testimony taken shall be under oath which the
12 hearing officer is hereby authorized to administer. A competent stenog-
13 rapher, designated by the commissioner [of education] and compensated by
14 the [state education] department, shall keep and transcribe a record of
15 the proceedings at each such hearing. A copy of the transcript of the
16 hearings shall, upon request, be furnished without charge to the employ-
17 ee and the board of education involved.
18 (ii) The hearing officer [selected] APPOINTED to conduct a hearing
19 under this section shall, within [ten to fifteen] THIRTY days of agree-
20 ing to serve as such, hold a pre-hearing conference which shall be held
21 in the school district or county seat of the county, or any county,
22 wherein the employing school board is located. The pre-hearing confer-
23 ence shall be limited in length to one day except that the hearing offi-
24 cer, in his or her discretion, may allow one additional day for good
25 cause shown.
26 (iii) At the pre-hearing conference the hearing officer shall have the
27 power to:
28 (A) issue subpoenas;
29 (B) hear and decide all motions, including but not limited to motions
30 to dismiss the charges;
31 (C) hear and decide all applications for bills of particular or
32 requests for production of materials or information, including, but not
33 limited to, any witness statement (or statements), investigatory state-
34 ment (or statements) or note (notes), exculpatory evidence or any other
35 evidence, including district or student records, relevant and material
36 to the employee's defense.
37 (iv) Any pre-hearing motion or application relative to the sufficiency
38 of the charges, application or amendment thereof, or any preliminary
39 matters shall be made upon written notice to the hearing officer and the
40 adverse party no less than five days prior to the date of the pre-hear-
41 ing conference. Any pre-hearing motions or applications not made as
42 provided for herein shall be deemed waived except for good cause as
43 determined by the hearing officer.
44 (v) [In the event that at the pre-hearing conference the employing
45 board presents evidence that the professional license of the employee
46 has been revoked and all judicial and administrative remedies have been
47 exhausted or foreclosed, the hearing officer shall schedule the date,
48 time and place for an expedited hearing, which hearing shall commence
49 not more than seven days after the pre-hearing conference and which
50 shall be limited to one day. The expedited hearing shall be held in the
51 local school district or county seat of the county or any county, where-
52 in the said employing board is located. The expedited hearing shall not
53 be postponed except upon the request of a party and then only for good
54 cause as determined by the hearing officer. At such hearing, each party
55 shall have equal time in which to present its case] ALL RULINGS ON
S. 7224 5
1 SUBSTANTIVE MOTIONS SHALL BE PLACED ON THE RECORD WITH A FULL EXPLANA-
2 TION OF THE HEARING OFFICER'S REASONING.
3 (vi) During the pre-hearing conference, the hearing officer shall
4 determine the reasonable amount of time necessary for a final hearing on
5 the charge or charges and shall schedule the location, time(s) and
6 date(s) for the final hearing. The final hearing shall be held in the
7 local school district or county seat of the county, or any county, wher-
8 ein the said employing school board is located. In the event that the
9 hearing officer determines that the nature of the case requires the
10 final hearing to last more than one day, the days that are scheduled for
11 the final hearing shall be consecutive. The day or days scheduled for
12 the final hearing shall not be postponed except upon the request of a
13 party and then only for good cause shown as determined by the hearing
14 officer. In all cases, the final hearing shall be completed no later
15 than [sixty] ONE HUNDRED TWENTY days after the pre-hearing conference
16 unless the hearing officer determines that extraordinary circumstances
17 warrant a limited extension.
18 4. Post hearing procedures. (a) The hearing officer shall render a
19 written decision within thirty days of the last day of the final hear-
20 ing, [or in the case of an expedited hearing within ten days of such
21 expedited hearing,] and shall forthwith forward a copy thereof to the
22 commissioner [of education] who shall immediately forward copies of the
23 decision to the employee and to the clerk or secretary of the employing
24 board. The written decision shall include the hearing officer's findings
25 of fact on each charge, his or her conclusions with regard to each
26 charge based on said findings and shall state what penalty or other
27 action, if any, shall be taken by the employing board. At the request of
28 the employee, in determining what, if any, penalty or other action shall
29 be imposed, the hearing officer shall consider the extent to which the
30 employing board made efforts towards correcting the behavior of the
31 employee which resulted in charges being brought under this section
32 through means including but not limited to: remediation, peer inter-
33 vention or an employee assistance plan. In those cases where a penalty
34 is imposed, such penalty may be a written reprimand, a fine, suspension
35 for a fixed time without pay, or dismissal. In addition to or in lieu of
36 the aforementioned penalties, the hearing officer, where he or she deems
37 appropriate, may impose upon the employee remedial action including but
38 not limited to leaves of absence with or without pay, continuing educa-
39 tion and/or study, a requirement that the employee seek counseling or
40 medical treatment or that the employee engage in any other remedial or
41 combination of remedial actions.
42 (b) Within fifteen days of receipt of the hearing officer's decision
43 the employing board shall implement the decision. If the employee is
44 acquitted he or she shall be restored to his or her position with full
45 pay for any period of suspension without pay and the charges expunged
46 from the employment record. If an employee who was convicted of a felony
47 crime specified in paragraph (b) of subdivision two of this section, has
48 said conviction reversed, the employee, upon application, shall be enti-
49 tled to have his OR HER pay and other emoluments restored, for the peri-
50 od from the date of his OR HER suspension to the date of the decision.
51 (c) The hearing officer shall indicate in the decision whether any of
52 the charges brought by the employing board were frivolous as defined in
53 section eight thousand three hundred three-a of the civil practice law
54 and rules. If the hearing [officers] OFFICER finds that all of the
55 charges brought against the employee were frivolous, the hearing officer
56 shall order the employing board to reimburse the [state education]
S. 7224 6
1 department the reasonable costs [said] THE department incurred as a
2 result of the proceeding and to reimburse the employee the reasonable
3 costs, including but not limited to reasonable attorneys' fees, the
4 employee incurred in defending the charges. If the hearing officer finds
5 that some but not all of the charges brought against the employee were
6 frivolous, the hearing officer shall order the employing board to reim-
7 burse the [state education] department a portion, in the discretion of
8 the hearing officer, of the reasonable costs said department incurred as
9 a result of the proceeding and to reimburse the employee a portion, in
10 the discretion of the hearing officer, of the reasonable costs, includ-
11 ing but not limited to reasonable attorneys' fees, the employee incurred
12 in defending the charges.
13 5. Appeal. (A) Not later than ten days after receipt of the hearing
14 officer's decision, THE EMPLOYEE OR THE EMPLOYING BOARD MAY MAKE AN
15 APPLICATION FOR REVIEW OF THE HEARING OFFICER'S DECISION TO THE STATE
16 TENURED TEACHERS AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFT-
17 ER REFERRED TO AS "THE REVIEW PANEL"), ESTABLISHED FOR THAT PURPOSE
18 WITHIN THE DEPARTMENT IN ACCORDANCE WITH SUBDIVISION FORTY-TWO OF
19 SECTION THREE HUNDRED FIVE OF THIS CHAPTER, AND THE RULES AND REGU-
20 LATIONS PROMULGATED BY THE COMMISSIONER. THE REVIEW PANEL MAY MODIFY OR
21 REVERSE THE DECISION OF A HEARING OFFICER AS APPROPRIATE TO PROPERLY
22 EFFECTUATE THE PURPOSES OF THIS SECTION. THE DECISIONS OF THE REVIEW
23 PANEL SHALL CONSTITUTE BINDING DECISIONAL LAW UNTIL MODIFIED OR REVERSED
24 ON APPEAL BY EITHER PARTY BY A STATE SUPREME COURT OR BY AN APPELLATE
25 COURT ON FURTHER APPEAL. REVIEW PANEL DECISIONS SHALL BE PUBLISHED
26 PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER AND IN
27 THE SAME MANNER AS ADMINISTRATIVE DECISIONS FROM OTHER STATE AGENCIES.
28 (B) NOT LATER THAN TEN DAYS AFTER RECEIPT OF THE DECISION OF THE
29 REVIEW PANEL, the employee or the employing board may make an applica-
30 tion to the New York state supreme court to vacate or modify the deci-
31 sion of the [hearing officer] REVIEW PANEL pursuant to section seven
32 thousand five hundred eleven of the civil practice law and rules. [The
33 court's review shall be limited to the grounds set forth in such
34 section.] The [hearing] REVIEW panel's determination shall be deemed to
35 be final for the purpose of such proceeding.
36 (C) In no case shall the filing or the pendency of an [appeal] APPLI-
37 CATION FOR REVIEW BY THE STATE REVIEW PANEL OR AN APPEAL TO THE COURTS
38 delay the implementation of the decision of the hearing officer.
39 S 3. Section 3020-a of the education law is amended by adding a new
40 subdivision 6 to read as follows:
41 6. IMMEDIATE REMOVAL. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
42 A PERSON ENJOYING THE BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION
43 THREE OF SECTION ELEVEN HUNDRED TWO, OR SECTION TWENTY-FIVE HUNDRED
44 NINE, TWENTY-FIVE HUNDRED SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J,
45 THREE THOUSAND TWELVE OR THREE THOUSAND FOURTEEN OF THIS CHAPTER SHALL
46 LOSE SUCH BENEFITS AND SHALL BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY
47 THE EMPLOYING BOARD OF EDUCATION UPON CONVICTION OF ANY OFFENSE RELATED
48 TO CHILD ABUSE; CHILD ABUSE IN AN EDUCATIONAL SETTING AS DEFINED IN
49 SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER; OR ANY OTHER FELONY
50 OFFENSE THAT AFFECTS THE OPERATION OF A SCHOOL DISTRICT; OR, UPON REVO-
51 CATION OF A PROFESSIONAL CERTIFICATE PURSUANT TO SUBDIVISION SEVEN OF
52 SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
53 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON ENJOYING THE
54 BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION THREE OF SECTION ELEVEN
55 HUNDRED TWO, OR SECTION TWENTY-FIVE HUNDRED NINE, TWENTY-FIVE HUNDRED
56 SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J, THREE THOUSAND TWELVE OR
S. 7224 7
1 THREE THOUSAND FOURTEEN OF THIS CHAPTER WHO FAILS TO RECEIVE A PROFES-
2 SIONAL CERTIFICATE WITHIN THE STATUTORY TIMEFRAME AS REQUIRED BY SECTION
3 THREE THOUSAND FOUR OF THIS ARTICLE SHALL RETAIN SUCH BENEFITS AND MAY
4 BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY A BOARD OF EDUCATION.
5 (C) ANY EMPLOYEE OF A SCHOOL DISTRICT SUBJECT TO IMMEDIATE TERMINATION
6 UNDER THE PROVISIONS OF THIS SECTION SHALL HAVE FIVE BUSINESS DAYS FROM
7 THE NOTICE OF TERMINATION IN WHICH TO PROVIDE DOCUMENTARY EVIDENCE
8 ESTABLISHING TO THE SATISFACTION OF THE EMPLOYING BOARD THAT HE OR SHE
9 IS NOT THE SAME INDIVIDUAL REFERENCED IN THE ACTION TRIGGERING HIS OR
10 HER REMOVAL.
11 S 4. Section 305 of the education law is amended by adding a new
12 subdivision 42 to read as follows:
13 42. (A) THE COMMISSIONER SHALL ESTABLISH THE STATE TENURED TEACHERS
14 AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFTER REFERRED TO AS
15 "THE REVIEW PANEL"). THE PANEL SHALL CONSIST OF NO LESS THAN THREE
16 MEMBERS APPOINTED BY THE COMMISSIONER. PANEL MEMBERS SHALL BE EMPLOYED
17 BY THE DEPARTMENT AND THEIR SALARY SHALL BE DETERMINED AND PAID BY THE
18 DEPARTMENT.
19 (B) PANEL MEMBERS SHALL:
20 (I) SUCCESSFULLY COMPLETE A TRAINING PROGRAM ESTABLISHED BY THE
21 COMMISSIONER AND ATTEND SUCH ADDITIONAL TRAINING PROGRAMS AS MAY BE
22 REQUIRED BY THE COMMISSIONER;
23 (II) POSSESS KNOWLEDGE OF AND THE ABILITY TO UNDERSTAND THE PROVISIONS
24 OF APPLICABLE LAW AND REGULATIONS PERTAINING TO THE DISCIPLINE OF
25 TENURED EMPLOYEES UNDER THIS SECTION, AND ADMINISTRATIVE AND JUDICIAL
26 INTERPRETATIONS OF SUCH LAWS AND REGULATIONS;
27 (III) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A
28 HEARING UNDER THIS SECTION; AND
29 (IV) POSSESS THE ABILITY TO RENDER AND WRITE DECISIONS IN ACCORDANCE
30 WITH APPROPRIATE STANDARD LEGAL PRACTICE.
31 S 5. This act shall take effect immediately.
