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Court declines to apply the doctrine of primary jurisdiction in a challenge to the layoff of a teacher

Court declines to apply the doctrine of primary jurisdiction in a challenge to the layoff of a teacher
Matter of Moraitis v Board of Educ. Deer Park Union Free School Dist., 2009 NY Slip Op 51954(U), Decided on August 31, 2009, Supreme Court, Suffolk County, Judge William B. Rebolini [Not selected for publication in the Official Reports]

Regina Moraitis sought a court order requiring Deer Park "to immediately reclassify [her] into an accepted tenure area without a loss of tenure time and to immediately reinstate her as a full time teacher in the ? school district" with back salary and benefits.

Deer Park asked Supreme Court to decline jurisdiction based on the doctrine of primary jurisdiction, that is, defer the matter to the Commissioner of Education.

In addition, Deer Park argued that even if Moraitis was found to have tenure, her position was properly abolished under §3013 of the Education Law.

According to the decision, Moraitis was granted tenure in the area of "computer" by the Board of Education on or about April 29, 2003. On January 13, 2009, Deer Park abolished "the position of computer teacher held by Regina Moraitis . . . effective . . . January 16, 2009."*

As to application of the doctrine of primary jurisdiction in this instance, Judge Rebolini said that the doctrine ?does not require that this Court defer to the Commissioner of Education in this case, where the gravamen of the claims is that the petitioner's termination was not in conformity with New York's tenure laws (see Education Law §§2509(1)(a); 2509(2); 2503(3).?**

As to the merits of Moraitis? petition, citing Speichler v. Board of Co-op. Educational Services, 90 NY2d 110, the Court held that Deer Park violated Moraitis' rights ?as established by the statutory scheme instituted in this State which, [Moraitis] correctly notes, is to be read broadly in favor of the teacher.?

Moraitis, having been granted tenure in the area of computers, Judge Rebolini ruled that Deer Park?s ?belated identification of its action as error ? cannot serve to defeat rights which accrued to [her] almost five years prior to [its] action.? Such actions said the court, ?runs afoul of the most basis purpose of the tenure scheme ? to offer protection to one who has successfully negotiated the gauntlet of probationary status" and granted Moraitis' petition ?in all respects.?

* The decision notes that Moraitis? status was also reviewed by the school district?s attorney, who concluded "that [Moraitis] was not in a teaching position and was not entitled to tenure." Decisions of the Commissioner of Education 13,881 concerns a layoff situation in which an individual on a preferred list claimed the right of appointment to a computer teacher vacancy in the district that had been filled by another individual. Tenure is provided educators pursuant to Education Law Sections 1102.3, 2509, 2573, 2590 3012 and 3014.

** The court also rejected the district?s affirmative defense to the effect that a notice of claim was required in this instance, citing Cowan v. Board of Education of Brentwood U.F.S.D., 99 AD2d 831.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_51954.htm

Full post as published by New York Public Personnel Law on September 22, 2009 (boomark / email).