Although the Union provides free counsel for tenured employees, ordinarily the union will not represent an employee in a subsequent appeal after an adverse determination in the 3020-A. This may result in a difference of trial tactics. Private counsel will often try 3020-A hearings with an eye toward a later appeal. While, hopefully, an appeal is not necessary, and the client is completely exonerated, these tactics, if properly raised, often create grounds for appeal. However, where there are issues involving due process, or the admissibility of evidence, or the refusal to entertain evidence, it is important to preserve a record for appeal. In cases where the teacher is accused of incompetence, an expert witness should be brought it to testify to the quality of supervision. To my knowledge, this office is the only one that does this.
