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Thursday, December 9, 2010

Article 78 vs. 306 Appeal

I'm not exactly sure what charges Mrs. Stephenson filed against the District [click here to see Buffalo News article] but I believe she must have filed Article 78 charges or a 306 Appeal against the board president and interim superintendent [click here to read about the principal bringing article 78 charges against his district].  I did a little research and here is what I found:

Article 78 [click here for law]: is filed in state Supreme court and I have summarized the reasons a citizen should bring an Article 78 against a district.
  1. the body or officer failed to perform a duty
  2. the body or officer acted outside of their jurisdiction
  3. a decision was made in violation of the law, was arbitrary and capricious, or penalty imposed was too harsh
306 Appeal [click here for law]:  Education Law §306 allows the New York Commissioner of Education to remove a trustee, member of a board of education and certain other school officers for wilful misconduct or neglect of duty.

I do not see how anyone can argue that the Board should not be charged because they willfully violated Open Meetings Law and they continue to defend that practice.  Furthermore, if they "lied" and "fabricated" incidents as Mrs. Stephenson claims [click here for Sun article] they should voluntarily step down.  I'm at a loss for an adjective to describe a person who would lie so that another would lose their job.  All I can say is I hope it isn't true.


Retired Ann said...

Hamburger; Please try to get in touch with the petitioner Sally Stevenson who filed charges against SB pres as well as inter supt. For more details we are anxious.

Ralph S said...

Good stories in the Buffalo News and Hamburg Sun. I also liked the letter in the Sun by Kathy Fedyna. Why doesn't the School Board write something like that to the Sun if they think they have done nothing wrong? The ball is in their court to speak out and explain themselves.

potter road single dad said...

If the school board has been so unethical, which it seems to be, why dont they stepdown? Two of my sons graduated last year 2010, by the skin of there teeth ( hardworking boys, but not academic). As a parent, I heard thru a rumor mill that Mr Gallagher gave away points, and that the top 10 was changed because of his actions. My sons earned every 70 or 80 they got, that was the best they could do, and they worked hard to make sure everything was done when it was do. My heart is sad for the parents out their that let their kids steal points from a system that favored them more than it favored my "potter road motor heads". I'd rather have children who earned 80s than were given 90s. Life will make those kids straight! I rest a night knowing i have honest kids!!!! mr Gallagher should be fired!!!!!!

Klozman said...

Someone correct me if I'm in error, but I as I recall, a 306 Appeal is ultimately reviewed by someone in the subject school district.

The irony is that one of the individuals responsible for illegally axing LS could be the dude who decides on the validity of the complaint.


Anonymous said...

Oh, The Horror, The Horror, As I understand the law, it is the Commissioner of NYSED that acts on the 306/310 appeals. The fly in the ointment, is Mr Donald Ogilve. He is the Commissioners representative in this area, so my guess the deck is stacked in Albany when it comes to objectivity. No doubt, Mr. Ogilve will go to great lengths to perpetuate the fraudulent, illegal and immoral actions of Hamburgs BOE, Administration, Crawford, Kerr, and whoever else is involved in the scandal of a small upstate ny village. I watched the video posted on this blog where the interim super is claiming that if Gallagher didnt make up grades the class of 2010 top ten would have been different. Why doesnt the NYSED send an auditor to HHS and run the numbers. Who could trust Gallagher, he is known to speak out both sides of his mouth. Justice does have a way of presenting its self in the final analysis. Will the emperor remained clothed is the question?