Beck-Nichols v. Bianco

These three cases stemmed from a residency policy that called for employees of the City of Niagara Falls School District hired or promoted after the policy's effective date to reside in the City and maintain residency there during their employment. Here the District's Administrator for Human Resources notified three employees that they were suspected of violating the residency policy. The Board then terminated the employees' employment for failure to comply with the policy. On appeal, the Appellate Court (1) found that the District did not meet its burden of proving by clear and convincing evidence that the employee had changed her domicile in the first case; (2) found the Board's determination was not arbitrary and capricious in the second case; and (3) determined that the third employee's termination was arbitrary and capricious. The Court of Appeals reversed in the first case, affirmed in the second case, and reversed and remanded in the third case, holding (1) the residency policy and its implementing regulations were clear and unambiguous; (2) the District's notice-and-hearing procedures easily complied with due process; and (3) in the majority of these cases, the Board's determinations were not arbitrary or an abuse of discretion. View "Beck-Nichols v. Bianco" on Justia Law