Labor & Employment Law

Designation of an employee as ?confidential?

By Harvey Randall, Esq.

Designation of an employee as ?confidential?
Matter of Patchogue-Medford CSD and CSEA, E2417, ALJ Cacavas

Where a senior accountant has a confidential relationship to a managerial employee in the latter?s performance of managerial responsibilities, a confidential designation was warranted.

Similarly, In Matter of Garden City UFSD and CSEA, E2419, ALJ Cacavas held that ?[w]here a typist clerk has a confidential relationship to a managerial employee in the latter?s performance of managerial responsibilities, a confidential designation was warranted.?

NOTE: The designation of an individual as ?confidential? within the meaning of Article 14 of the Civil Service Law [the Taylor Law] is significantly different from the designation of an individual as ?confidential? by a civil service commission within the meaning of Civil Service Law Section 75(c). Designating an individual as ?confidential? for the purposes of Article 14 excludes the individual from collective bargaining and other Taylor Law provisions; a civil service commission?s designating an individual as ?confidential? denies the individual Section 75 rights to administrative due process for the purposes of disciplinary action.

Full post as published by New York Public Personnel Law on March 13, 2008 (boomark / email).