Article III
Supreme Court shall have appellatejurisdiction, both as to law and
fact,with such exceptions, and under such regulations as the Congress
shall make.
to controversies between two or more states;-- between a state and
citizens of another state
11th Amendment
Amendment XI
The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted
againstone of the United States by citizensof another state, or by
citizens or subjects of any foreign state.
construed
From Late Latin construo ( " to relate grammatically " ) , from Latin
construo ( " pile together " )
Verb
construe ( third-person singular simple present construes , present
participle construing , simple past and past participle construed )
1. To interpret or explain the meaning of something.
The world must construe according to its wits; this court must
construe according to the law
Anagrams
*. counters
Etymology 1
Anglo-Norman countour
. Something in contradiction or opposition to a proposal, suggestion,
policy, etc.
We believe that his proposal is counter to our well-established policy.
well-established policy
Enforcement
Today, more than ever before, law enforcement officers are being held
to very high standards by their administrators, by the communities in
which they work, and by the courts. These stan- dards may include
performance, behavior, conduct, and ethics.
FAIR means that an officer must be put on notice as to what standard
for which he will be held accountable. FAIR also means that an officer
willbe competently trained by his agency. Additionally, fairness means
that an officer will be treated impartially and indiscriminately. FAIR
means that an officer will not be subjected to sanction without
adequate reliable proof and an opportunity to be heard (due process).
Lastly, FAIR means that the sanction the officer receives will be
proportionate to the misconduct.
"standard" (directives). Clauz v. Culross, 438 N.Y.S.2d 837 (A.D. 1981).
Clauz v . Culross , 438N.Y.S.2d 837 ( A.D. 1981 )
(construing N.Y. Pun. OFF. ..... County of Rockland, 81 A.D.2d 837 ,
438 N.Y.S.2d 840
IN RE: Andrew J. VERDON
Supreme Court, Appellate Division, Second Department, New York
Andrew J. VERDON, Jr., appellant, v. DUTCHESS COUNTY BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, et al.
ORDERED that the order and judgment is reversed, on the law, with
costs, the motion to dismiss isdenied, and the petition is reinstated.
The petitioner was hired by the respondent Dutchess County Board of
Cooperative Educational Services (hereinafter BOCES) in 1995 and was
awarded tenure on or about July 1, 1999, as the Supervisor for
Instructional Services(and/or Educational Resources). In a letter
dated March 3, 2005, theDistrict Superintendent of BOCES reprimanded
the petitioner for allegedly allowing 21 test booklets to be lost as a
result of "considerable dereliction of duty on [the petitioner's]
part." The letter demanded that the petitionerpromptly write
specific security plans for the scoring process for implementation in
2006 and opined that, "[p]erhaps the better part of wisdom would be
for you to seek employment elsewhere." In a letter dated October 7,
2005, the District Superintendent notified the petitioner that his
position was being eliminated, effective November 1, 2005.
By letter dated October 25, 2005, Arthur P. Scheuermann, the Director
of Legal Services for the School Administrators Association of New
York State (hereinafter the Association), notified L. Daniel Carlin,
Assistant Superintendent of BOCES, that the Association was
representing the petitioner in objecting to the abolition of his
position on the grounds that he did not receive adequate notice, that
the abolition was motivated bybad faith when attempts to coerce him to
resign failed, and that the employment of another employee with less
seniority should have been terminated instead of the petitioner.
In a document dated October 28, 2005, and entitled "Position
Elimination Rationale," Carlin explained that the petitioner's
position was being eliminated because the 2005-2006 budget for his
department, school improvement services, faced a shortfall of $44,000
due to the withdrawal of one participating school district's
subscription for services.
Thereafter, the petitioner commenced the instant proceeding, claiming
that the purported economic rationale of BOCES for abolishing his
position was created as a pretext in order to terminate him for
"performance/personality/discipline reasons" without providing him
with the statutory due process to which he was entitled pursuant to
Education Law§ 3020-a
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