Decision No. 13,571

(March 13, 1996)

MILLS, Commissioner.--Petitioner, a school bus driver, challenges actions of the Hamilton Central School District Board of Education and Superintendent Edmund P. Backus ("respondents") resulting in a 30-day suspension. The appeal must be dismissed.

Following two separate incidents, respondent Backus charged petitioner with three counts of misconduct. After a disciplinary hearing pursuant to Civil Service Law '75, a hearing officer recommended petitioner's suspension for 30 days without pay. The board of education affirmed. Petitioner alleges that the charges against him were filed in retaliation for grievances and complaints he made about management practices. He requests reimbursement for lost wages.

Respondent argues, inter alia, that petitioner fails to state a claim pursuant to Education Law '310.

The appeal must be dismissed for lack of subject matter jurisdiction. The record indicates that petitioner is classified as a school bus driver with 12 years of experience in respondent district. The discipline of school employees in the classified service is pursuant to Civil Service Law Article 5. Section 76 thereof provides that an employee may seek review of disciplinary action either by application to the state, to a municipal civil service commissioner having jurisdiction or to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. Accordingly, the suspension of classified employees is not the appropriate subject of a '310 appeal (Appeal of Johnson, 30 Ed Dept Rep 485; Appeal of Varian, 25 id. 290; Matter of Marut, 17 id. 222), and the petition herein must therefore be dismissed.

THE APPEAL IS DISMISSED.

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