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RECCHIA-HANSEMANN v. BOCES

October 6, 1995

WANDA RECCHIA-HANSEMANN, Plaintiff, against BOCES, First Supervisory District of Suffolk County, Defendant.


The opinion of the court was delivered by: GLEESON

 JOHN GLEESON, United States District Judge:

 The plaintiff, Wanda Recchia-Hansemann, has brought an action pursuant to 42 U.S.C. § 1983 against the Board of Cooperative Education Services (BOCES). Recchia-Hansemann claims that her due process rights were violated when BOCES terminated her employment as a school nurse. She also asserts that BOCES' action breached a collective bargaining agreement, a claim over which this Court has supplemental jurisdiction. BOCES has moved to dismiss Recchia-Hansemann's complaint. For the reasons set forth below, the motion is granted.

 Background

 In September of 1991, Recchia-Hansemann became employed by BOCES as a part-time registered nurse. Three months later, she was promoted to a full-time position. As a school nurse, Recchia-Hansemann occupied a "noncompetitive" class position under New York State Civil Service Law. N.Y. Civ. Serv. Law § 75 (McKinney 1983). She also became a member of the United Public Service Employees Union, Local 424 (the "Union").

 According to BOCES, Recchia-Hansemann's work performance began to suffer in February of 1993. On April 6, 1994, Recchia-Hansemann was suspended with pay and given a formal "Notice of Hearing" and a four-page statement of charges against her. The statement alleged 18 acts of insubordination and incompetence and informed Recchia-Hansemann that she had a right to a hearing pursuant to the collective bargaining agreement entered into between the Union and BOCES.

 Recchia-Hansemann was provided with an attorney by the Union, and her attorney requested a postponement of the hearing date so that he could further investigate BOCES' allegations. The postponement was granted. Approximately nine days before the hearing, Recchia-Hansemann retained her own counsel to represent her. Counsel sent a letter to BOCES containing nine document requests:

 
1. Copies of all Ms. Recchia-Hansemann's personnel files;
 
2. Any transcript, notes, memoranda, or other written record of the meeting of April 6, 1994;
 
3. A copy of the letter of February 8, 1993 purportedly written by Ms. Recchia-Hansemann to John D.'s parents;
 
4. Copies of all medical records and medication records for each student listed in the charges;
 
5. Copies of all weekly medication records maintained by Ms. Recchia-Hansemann, and any substitute, for the 1992-93 and 1993-94 school years;
 
6. Copies of all weekly medication cards (both sides) for all students seen by Ms. Recchia-Hansemann for the 1992-1993 and 1993-1994 school years;
 
7. Copies of all school attendance records, daily attendance sheets, 3-day cards and daily attendance cards for the 1992-93 and 1993-94 school years;
 
8. The "sign-out" book for the main office for the 1992-93 and 1993-94 school years;
 
9. Copies of all incident reports for all students identified in the charges of the 1992-93 ...

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