Chancellor Loses Round in SB 28 Case

The already strained Community School Board 28 was rocked last week when a Queens Supreme Court Justice ruled that the Board of Education’s appeal panel acted in an "arbitrary and capricious" manner in ruling on ousted president Lynn Gross last April.
The decision is regarded as a blow to Schools Chancellor Rudy Crew who fired Gross when she allegedly interviewed candidates for school superintendent in defiance of Crew’s orders.
The Queens Courier obtained the 13-page decision handed down by Justice Simeon Golar.
The action could lead to the restoration of Gross’ job on the Board that oversees the education of thousands of school children in Forest Hills and Jamaica.
The decision by Justice Golar opens the way for a new hearing that could result in her return.
J.D. LaRock, a spokesman for the Board of Education, said the administration’s position was that Gross’ dismissal stands, and that the administration also plans to appeal Golar’s decision.
"As far as we are concerned," LaRock said, "Lynn Gross’ dismissal is a done deal."
Gross’ lawyer, George Shebitz of Manhattan, said he was pleased by the court decision and didn’t know if his client still wanted her job back.
"I’ll be in touch with Justice Golar to seek a clarification of his ruling," Shebitz said. The ruling indicates that there are limitations to the Chancellor’s powers."
Gross, reached by the The Queens Courier, said she does not want to return as Board president.
"I might want to take my place as a Board member," she said.
The former CSB 28 president said she filed the action against the Board of Education to determine if a Board member could be lawfully removed from her position in the absence of any immorality or illegal action.
Asked if she was looking forward to the new hearing, she replied, "I’m looking forward to this matter coming to an end."
Judge Golar’s ruling found that the "cumulative procedural errors committed by the Appeals Board in violations of the regulations set forth in 8 NYCRR, Part 113, affected the impartiality of the appeal process, and, therefore were arbitrary and capricious."
On the basis of that finding, the justice annulled the determination of the Appeal Board of last June 18 and ordered a new appeal.
Crew’s firing of Gross touched off community demonstrations last year and angry tirades launched against the Chancellor.
One of Gross’ key supporters, City Councilman Morton Povman, said he was not optimistic that the ruling by Golar would substantially change the situation.
"The ruling means that Lynn was denied due process," he said. "I don’t believe the new hearing will change much."