Matter of Norgrove v. Board of Educ. of City School Dist. of City of N.Y

In Matter of Norgrove v. Board of Educ. of City School Dist. of City of N.Y. (23 Misc 3d 684 [Sup Ct, NY County 2009]) the petitioner, a tenured teacher, faced various charges from the school board that led to the termination of his employment. Under Education Law 3020, a tenured teacher is entitled to notice of such charges by two methods in the alternative: by certified or registered mail, or by personal delivery. (Norgrove at 690.) The Board of Education sent notices by regular and certified mail. While the regular mail was not returned, the certified mail was sent back as unclaimed. The petitioner claimed that service was improper, and that he could therefore not be dismissed. The court held that when the certified mail was returned unclaimed, the Board of Education became aware that notice was ineffective, which triggered an obligation on their part to take additional steps to effect notice by redelivering the second notice to Norgrove personally at his place of work. (Norgrove at 695.) Because personal delivery at work was the one additional reasonable and practical step available to effect notice, they were obligated to give notice in this manner. As the Board of Education failed to do so, the court found in favor of the petitioner and ordered the respondents to reinstate him with full salary and benefits retroactive to the time he was terminated. (Norgrove at 696.)