Bus driver sues Maine-Endwell Central School District over second attempt to fire him

The Maine-Endwell Central School District is facing a state lawsuit after two attempts to fire a school bus driver who was also vice president of the transportation union.

Binghamton attorney Ronald Benjamin filed the suit in state Supreme Court on behalf of James Shara, of Endicott. The action names both the school district and Superintendent Jason Van Fossen as plaintiffs.

Shara was fired once by the school district for alleged improper union activities but was reinstated after a hearing officer agreed with his position, and the state Public Employment Relations Board (PERB) denied the school district's appeal.

As soon as Shara reported to work again, he was confronted with new charges.

Benjamin said the school district is ignoring what PERB ruled in the first case.

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"Defendant Van Fossen was further aware commencement of the Article 75 proceeding he commenced is barred by the applicable statute of limitations set forth in the Civil Service Law and nevertheless sought to harass plaintiff and deprive him of his rights," Benjamin wrote. Article 75 pertains to arbitration procedures under state civil service law.

Van Fossen declined to comment on the matter.

"As a matter of practice, the Maine-Endwell Central School District does not publiclydiscuss or comment on legal issues while legal proceedings are underway," Van Fossen said in a prepared statement.

Why did Maine-Endwell try to fire Shara the first time?

Shara was initially employed by the Maine-Endwell School District as a bus driver from Sept. 7, 2016 until he was terminated on Jan. 10, 2019, according to court documents.

In May 2018, Shara was elected vice president of the Maine-Endwell Transportation Association, the union representing bus drivers within the school district.

At a point following his election, the school district interrogated Shara regarding privileged union communications related to mechanical safety issues and bus inspections, the documents stated.

Those communications involved questions about defining bus safety issues and how frequently they should be reported, along with claims that Shara was being "disruptive" and "unprofessional" and that he created a hostile work environment when coworkers disagreed with his point of view.

Shara "clearly sees his position (as union vice president) as one of power and influence," school district Director of Human Resources and Transportation Michael Aubel wrote in one correspondence.

The district placed Shara on administrative leave and then terminated his employment for alleged violations of a counseling memorandum.

Shara argued the union activities he engaged in were protected by the state's Taylor Act, which states public employees have the right to be represented by unions and to bargain collectively with their employers for salary, benefits and other terms and conditions of employment.

An administrative law judge agreed, and when the school district appealed that ruling, PERB upheld the decision, ordering the school district to reinstate Shara with back pay.

Read PERB's full decision here:

What happened when Shara tried to return to work?

Following the PERB ruling, Van Fossen sent Shara a letter on Nov. 29, 2023, stating he would be reinstated as of Dec. 11.

When Shara reported for work as instructed that day, school district officials advised him he was the subject of another administrative hearing based on new charges stemming from his earlier employment, according to the Shara's lawsuit documents.

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The school district alleged Shara was negligent during that time frame because a mechanic informed him the brakes on one of the school buses didn't pass inspection, and Shara failed to report that to supervisors as required, and later lied about it under oath.

But Benjamin pointed to testimony from William Zepkowski, who was a mechanic with Maine-Endwell at the time, and who said by the time Shara became aware of the problem, it had already been dealt with.

Shara is currently on administrative leave pending the outcome of the Article 75 proceeding. The school district formally accused him of incompetence and/or misconduct related to the brake issue.

How Shara's lawsuit challenges Maine-Endwell's actions

In response to the school district's latest charges against Shara, Benjamin filed a lawsuit Jan. 5 in state Supreme Court in Broome County.

The legal action claims Shara is "the subject of retaliatory conduct by the district and the willful and malicious commencement of an Article 75 proceeding brought by defendant Van Fossen," the lawsuit document states.

Benjamin argued in the filing the original hearing officer determined — and the Public Employment Relations Board affirmed — that the district retaliated against Shara by terminating him because he engaged in activities protected by state labor law.

Read the full lawsuit document here:

Benjamin claims an 18-month statute of limitations has already expired on most of the charges in the school district's latest complaint.

The only charge that hasn't exceeded the statute of limitations is the accusation Shara lied during questioning Dec. 11, 2023, after he was asked when he first learned of the school bus brake problem and responded "not until after I was terminated."

That charge is "totally bogus nonsense," Benjamin said.

"Fortunately there is a transcript as well as the decisions by the hearing officer and the board which affirmed the hearing officer, and the district never appealed from those decisions and is now trying to make an end run around those decisions by bringing a frivolous article 75 proceeding," he said.

Shara's lawsuit asks for compensatory damages against Van Fossen and the Maine-Endwell Central School District, exemplary (punitive) damages against Van Fossen, an order dismissing the district's Article 75 proceeding with prejudice, and further relief deemed just and proper by the court.

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This article originally appeared on Elmira Star-Gazette: Broome County school district sued by bus driver over termination