Legal Opinion

Informal Opinion No.

New York Attorney General Reports

Decided May 1, 1985Published

1Opinion of the Court

Gregory J. Guercio, Esq. Counsel, Plainview-Old Bethpage Central School District

I am writing in response to your request for an opinion as to whether a retired school teacher may serve as a member of the board of education of the school district where she formerly taught.

As stated in your letter, a recently retired teacher has filed a nominating petition to become a candidate for the position of school board member. As a retiree, she currently receives pension and other retirement benefits. Furthermore, the candidate continues to be a dues-paying member of the bargaining agent representing…

2Cases cited5 opinions

  1. Moritz v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977
  2. Stettine v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1984
  3. Onondaga County Water District v. Board of AssessorsNew York Supreme Court · 1971
  4. Board of Education v. BurkeNew York Supreme Court · 1978
  5. Lippman v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1984

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