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FALLS SCHOOLS: Worker to be back on job
In what is seen as a major legal victory, an Erie County District court judge has ordered the Niagara Falls Board of Education to reinstate one of the seven former Niagara Falls School District employees fired for violating its residency policy.
A ruling handed down by New York State Supreme Court Justice Tracey A. Bannister determined former general repairer Vincent Gigliotti does have a domicile within the boundaries of the Niagara Falls School District and is entitled to his position with full back pay and benefits. Gigliotti earned $46,000 last year and is expected to receive pay backdated to September.
Friday’s ruling contradicts a decision made by the school board in September that terminated Gigliotti and six other employees for violating its 15-year-old residency policy. The terminations came following a lengthy Probe Services investigation that cost the district an undetermined amount of money, reported to be more than $35,000.
“This is not surprising, the city school district doesn’t appear to understand the law,” Robert Reden, an attorney representing Gigliotti, told the Niagara Gazette on Friday. “A person is not obligated to take the domicile of his or her spouse.”
Reden said a person can have a residence or more than one residence, but only one domicile and Gigliotti’s domicile has now been proven in a court of law to be in compliance with the district’s policy.
“We haven’t created a new law here. This is an old law,” Reden said. “If it goes to an appellate court, I am optimistic it will be upheld.”
Michael F. Perley, the attorney representing the district confirmed the ruling saying “nothing surprises me in the courts these days.”
“I believe that the Niagara Falls School District made an appropriate decision to terminate the employees and the judge, however, thought differently,” said Perley, who works for the Buffalo-based law firm Hurwitz & Fine.
Perley would not comment whether the district plans to seek an appeal, but said they have 30 days to decide.
School Board President Russell Petrozzi said the district has followed the proper procedure in terminating the employees and stands by the decision. He said the district’s residency policy has been upheld in previous court cases and is required for employment.
“Residency is a condition of employment, not a disciplinary action,” Petrozzi said.
Niagara Falls Teacher’s Union President Joseph Catalano said Friday’s decision is positive and could set a precedence for the remaining cases.
“It’s a good sign, it can’t hurt,” Catalano said. “We have always said if we are fortunate, the teachers will be reinstated with back pay and back benefits and this definitely helps.”
Petrozzi, conversely said no precedents have been set in Friday’s case, as all that has been determined is where one individual person lives.
“The judge determined this person lives in Niagara Falls, this is not a precedent, this is one person, one of seven and each case is different,” Petrozzi said. “We have 30 days to appeal and, together with the board and our legal counsel, we will make a decision.”
Petrozzi said in the case a former employee is reinstated, the person hired to replace them would be laid off.
In December, suits were filed by six of the seven teachers fired for violating the residency policy. Former Guidance Counselor Keli Koran-Luchey, NFHS English teacher Roxanne Adrian, Information Systems employees Karri Beck-Nichols and Randy Krajkowski, food service helper Judith Smith and Gigliotti.
The policy, established in 1994, is unique in that all employees are required to abide by it, not just tenure track teachers as in other districts. The only other local school system to use a residency policy is the Buffalo City schools, but its policy is less strict, allowing the board to make exceptions for teachers that possess “unique qualifications.”
District union representatives have told the Gazette their collective bargaining agreements expires June 30 and the residency policy is something they expect to be amended.
Petrozzi disagreed saying a policy never will be part of collective bargaining discussions.
“It is not a negotiable item, it’s a policy and we do not negotiate policies,” Petrozzi said.
School District Superintendent Cynthia Bianco did not return phone calls seeking comment.
Contact reporter Nick Mattera at 282-2311, ext. 2251.
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