In the matter of an Education Law Section 3020-a
between the Board of Education of the
City School District of the City of New York,
WHEREAS, DAVlD ROEMER is a tenured teacher of Physics, under file no. 616055, and is employed by the Board of Education of the City School District of the City of New York under the jurisdiction of the Superintendent of Brooklyn High Schools; and WHEREAS, a disciplinary proceeding was commenced against Respondent on November 6, 1996 by the Board of Education under Education Law Section 3020-a, and
WHEREAS, the parties desire to eliminate the need for a continued formal hearing, have held discussions where they were represented by counsel, have had all the Terms and Conditions of this Stipulation of Settlement thoroughly explained and now freely consent to enter into this Stipulation, such consent not having been induced by fraud, duress or any other influence; and
WHEREAS, the parties have reached an agreement as to the complete and final resolution of this matter;
NOW IT IS HEREBY AGREED AND Stipulated by and between said parties that this matter shall be fully resolved as follows:
1. Respondent acknowledges that during the 1994-95 and 1995-96 school years while assigned to Edward R. Murrow High School in Brooklyn, he failed to follow his supervisors directives and suggestions regarding his teaching service. Respondent agrees to follow his supervisors directives and suggestions in the future, even if he disagrees. Respondent further acknowledges that the charges constitute notice of what is expected of him in the future.
2. Respondent agrees to a two month suspension without pay which will commence on the first Monday after the adoption of this stipulation by the Board of Education, or May 1, 1997, whichever date comes first.
3. Respondent agrees to a transfer from Edward R. Murrow High School. It is understood by the parties that upon Respondent's return from suspension, the Brooklyn Superintendent's Office will place Respondent in the first available Physics teaching position within its jurisdiction, and endorsed by the practices and procedures of the BOE-UFT collective bargaining agreement, and that if no vacancy in the subject area of Physics is available, that Respondent will accept a teaching position in accordance with the needs of the Brooklyn Superintendent's Office within the framework of Respondent's license area (Physics/General Science).
4. An executed copy of this Stipulation of Settlement shall be maintained in Respondent's personnel file, and in files maintained by the Office of Legal Services and the Office of the Secretary of the Board of Education. Respondent agrees that if he is ever charged pursuant to Education Law Section 3020-a with any conduct which violates Education Law Section 3020-a and is subsequently found guilty of those charges, that the hearing officer, when assessing any future penalty against him, will be entitled to consider this stipulation and its terms.
5. The parties waive their rights to make any legal or equitable claims against each other, or against any of the facts and circumstances of this case, except to enforce compliance with this Stipulation of Settlement.
6. Respondent affirms that he entered into the within Stipulation of Settlement freely, knowingly, openly and without coercion or duress and that he voluntarily waives any statutory, contractual, or constitutional right he may have in this matter including his right to a hearing in accordance with Education Law Section 3020-a and the UFT-BOE collective bargaining agreement.
7. This Stipulation of Settlement, with all of its terms and conditions, shall not be binding until all final signatures are affixed hereto. Complainant shall furnish a fully executed copy of this Stipulation of Settlement to Respondent's counsel within thirty days of completed execution.
8. Nothing in this settlement shall be deemed to be a policy of the Superintendent of Brooklyn High Schools, or of the Chancellor of the Board of Education the City of School District of the City of New York or of the Board of Education of the City School District of the City of New York.
DAVlD ROEMER (signed)
Coles & Weiner, P.C.
Attorneys for Respondent
By: Harold M. Weiner, (signed)
Board of Education
Simon P. Gourdine
Counsel to the Chancellor
New York City Board of Education
By: Katie R. Raab