Judge Orders Rehiring of Teacher - SchoolBook A state judge has ordered the city to rehire a Staten Island teacher who lost her job about four years ago. The unusual ruling involves Lisa Capece who taught at Public School 1 Tottenville on Staten Island from 2005 to 2008. When she didn't get tenure she challenged the decision through the union's grievance system. She lost her case. Most teachers stop at that point, but Ms. Capece chose to take her case to the regular court system. "She viewed it as her career, this is what she loved to do," said her attorney, Jonathan Behrins. He said his client declined to speak with any reporters but that she was very happy about the ruling. Ms. Capece claimed that she got good ratings from her principal until she complained about losing scheduled "prep time." A Richmond County judge, Kim Dollard, found Ms. Capece had "sufficiently met her burden in demonstrating that her dismissal was done in bad faith," and that it was "in violation of a constitutionally permissible purpose, her involvement in the U.F.T., as the co-chapter leader" of her school. But the city's law department disagreed with the ruling. "She was terminated because she was a poor teacher - not because of union activities," said a city attorney, Adam Collyer. "The other U.F.T. co-chapter leader at that school has consistently received satisfactory ratings and is still employed," he added. We are disappointed with the decision and are considering our legal options. The law department also said the city is not required to hire back Ms. Capece until it has exhausted the appeals process. Mr. Behrins pointed out that the other co-chapter leader the city referred to already had the protection of tenure. He also said the case showed the danger of relying too heavily upon principals to determine which teachers are most effective. He estimated that his client's legal fees will add up to around a year's salary. He said she made $51,000 in her last year as a full teacher, and would have received an increase upon making tenure.