New York Public Personnel Law: Labor & Employment Law

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Labor & Employment Law

New York Public Personnel Law

Summaries of and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State.

Post Frequency: 33.3/day

Last Entry: May 23, 2013 at 07:00:00

A ?perfect storm? of personnel transactions and decisions

Posted on May 23, 2013
A ?perfect storm? of personnel transactions and decisions 2013 NY Slip Op 03559, Appellate Division, First Department This decision describes a series of events resulting from a ?perfect storm? of personnel transactions and decisions including an incorrect administrative personnel determination by a central personnel agency and a career choice made by the employee [AR] that ultimately resulted in the frustration of AR?s immediate employment expectations...

A school district employee serving in a position in the Classified Service may not perform duties involving the supervision of pedagogical personnel unless he or she obtains the appropriate school leader certification

Posted on May 22, 2013
A school district employee serving in a position in the Classified Service may not perform duties involving the supervision of pedagogical personnel unless he or she obtains the appropriate school leader certification Appeal of Johnny G. Destino, Decisions of the Commissioner of Education, Decision No...

An analysis of New York?s new teacher evaluation law

Posted on May 22, 2013
An analysis of New York?s new teacher evaluation law Source: NYMuniBlog Warren Richmond, a Harris Beach partner and member of the firm?s Labor and Employment Law Practice Group and Educational Institutions Industry Team, published an article in the New York Law Journal that focuses on the new Annual Professional Performance Review (APPR) plans for teachers and the limitations the statute places on school districts to terminate probationary teachers...

There is a constitutional right to be present during the testimony of the complaining child absent some compelling reason to bar the employee while the child is testifying

Posted on May 21, 2013
There is a constitutional right to be present during the testimony of the complaining child absent some compelling reason to bar the employee while the child is testifying 2013 NY Slip Op 03432, Appellate Division, First Department A teacher appealed the Supreme Court?s denial of her petition to vacate the adverse disciplinary arbitrator?s award and its granting the employer?s motion to confirm the award...

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Appointing authority terminating an employee for ?serious misconduct? found appropriate under the circumstances

Posted on May 21, 2013
Appointing authority terminating an employee for ?serious misconduct? found appropriate under the circumstances 2013 NY Slip Op 03560, Appellate Division, First Department A New York City police officer was served with disciplinary charges alleging that [1] he left a loaded firearm unsecured in his backpack on a desk in a library and subsequently made an unauthorized call to a witness in an investigation that followed concerning the incident and [2] made vulgar statements and exposed his genitals to an arrestee while on duty in the precinct...

An appointing authority?s threatening to take adverse personnel action against an employee that it has a legal right to undertake does not constitute duress

Posted on May 20, 2013
An appointing authority?s threatening to take adverse personnel action against an employee that it has a legal right to undertake does not constitute duress 2013 NY Slip Op 03252, Appellate Division, Fourth Department Supreme Court determined that the resignation of a tenured teacher [Educator] formerly employed by the school district, "was involuntarily submitted as a result of fraud, coercion and duress" and directed Educator?s reinstatement with back pay and benefits...

Audits reports issued by New York State Comptroller Thomas P. DiNapoli

Posted on May 20, 2013
Audits reports issued by New York State Comptroller Thomas P. DiNapoli New York State Comptroller Thomas P. DiNapoli announced today the following audits have been issued: Department of Health, Excessive Medicaid Payments for Services to Recipients Receiving Medicare Benefits (Follow-Up) (2012-F-29) An initial audit report, issued in September 2010, examined whether DOH was correctly paying claims for services to Medicaid recipients who also had health insurance through Medicare...

Statewide program to reward highest performing teachers and help improve classroom performance announced by Governor Cuomo

Posted on May 20, 2013
Statewide program to reward highest performing teachers and help improve classroom performance announced by Governor Cuomo Source: Office of the Governor Governor Andrew M. Cuomo predicted that New York State?s Master Teacher Program for Teachers will encourage ?the best and brightest to stay in education and mentor other teachers...

State Comptroller reports a returned 10.38 % on for the State?s pension fund Investments in FY 2013, currently valued at an all time high of $160 billion

Posted on May 19, 2013
State Comptroller reports a returned 10.38 % on for the State?s pension fund Investments in FY 2013, currently valued at an all time high of $160 billion On May 13, 2013 New York State?s Comptroller Thomas P. DiNapoli announced that the New York State Common Retirement Fund (Fund) was valued at an estimated $160...

NYPPL's Decision of the Week for the Week ending May 18, 2013 - Allegations of unlawful racial discrimination

Posted on May 18, 2013
NYPPL's Decision of the Week For the Week Ending May 18, 2013 Allegations of unlawful racial discrimination This action was brought by the United States Department of Justice pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C...

The provisions in a collective bargaining agreement that are otherwise controlling may be waived if the waiver is ?knowing and voluntarily? made

Posted on May 17, 2013
The provisions in a collective bargaining agreement that are otherwise controlling may be waived if the waiver is ?knowing and voluntarily? made 2013 NY Slip Op 03251, Appellate Division, Fourth Department In September 2006 an individual [Educator] was hired as a probationary teacher by the school district...

An employee?s satisfying the employer?s residency requirement is critical to his or her continuation in employment

Posted on May 16, 2013
An employee?s satisfying the employer?s residency requirement is critical to his or her continuation in employment 2013 NY Slip Op 03230, Appellate Division, Fourth Department The City of Niagara Falls? Local Law No. 7 requires City employees to establish and maintain residency within the City throughout the term of their employment...

Where there is broad arbitration clause in the collective bargaining agreement, the arbitrator rather than the court is to determine if the subject of the dispute is arbitrable

Posted on May 15, 2013
Where there is broad arbitration clause in the collective bargaining agreement, the arbitrator rather than the court is to determine if the subject of the dispute is arbitrable Ontario County v County Sheriff's Unit 7850-01, CSEA, Local 1000, AFSCME, AFL-CIO), 2013 NY Slip Op 03204, Appellate Division, Fourth Department The Collective Bargaining Agreement [CBA] between Ontario County and the Ontario County Sheriff's Unit 7850-01 provided that disputes over the meaning or application of the CBA were initially required to be submitted through the contract's grievance process...

Internet search engine focused on job opportunities

Posted on May 14, 2013
Internet search engine focused on job opportunities On the Internet at: www.careerjiet.com Careerjet is a free employment opportunity search engine available to job seekers and offers users the ability to access jobs opportunities published on some 69,000 web sites...

Governor Cuomo's financial restructuring proposal to assist distressed local governments

Posted on May 14, 2013
Governor Cuomo's financial restructuring proposal to assist distressed local governments On May 14, 2013, Governor Andrew M. Cuomo issued a proposal to create a Financial Restructuring Board to help distressed local governments manage their finances...

Employee terminated following a disciplinary hearing after receiving counseling memoranda regarding serious and specific deficiencies in her job performance

Posted on May 14, 2013
Employee terminated following a disciplinary hearing after receiving counseling memoranda regarding serious and specific deficiencies in her job performance Kuznia v Adams, 2013 NY Slip Op 03369, Appellate Division, Third Department An individual [Petitioner] commenced her employment with the County Probation Department in 1979 and in 2004 was named as the Department's deputy director...

The State Commission on Public Integrity?s investigatory powers, including its power to issue a subpoena, do not terminate upon the issuance of a Notice of Reasonable Cause.

Posted on May 13, 2013
The State Commission on Public Integrity?s investigatory powers, including its power to issue a subpoena, do not terminate upon the issuance of a Notice of Reasonable Cause. O'Connor v Ginsberg, 2013 NY Slip Op 03363, Appellate Division, Third Department In 2009, the Commission on Public Integrity notified the then President and Chief Executive Officer of the State University of New York Research Foundation [CEO] that it had received information indicating that he may have violated Public Officers Law �74 (3) (d), (f) and (h)...

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Posted on May 12, 2013
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli Issued during the week ending May 12, 2013 [Click on text highlighted in bold to access the full report] DiNapoli: IDA Performance Improves, But Concerns Remain New York?s Industrial Development Agencies (IDAs) supported nearly 4,500 projects and provided $560 million in net tax exemptions in 2011, increasing estimated job gains by almost 36,000 from the previous year, according to a report issued Tuesday by State Comptroller Thomas P...

Applying the provisions of Civil Service Law ��71, 72 and 73

Posted on May 11, 2013
Applying the provisions of Civil Service Law ��71, 72 and 73 Allen v City of New York, 2013 NY Slip Op 50717(U), Supreme Court, New York County [Not selected for publication in the Official Reports] NYPPL's Decision of the Week This decision could serve as a model explanation of the critical elements to be considered and addressed in applying the provisions of Civil Service Law ��71, 72 and 73...

Educator disciplined after posting comments on an Internet social media website

Posted on May 10, 2013
Educator disciplined after posting comments on an Internet social media website Supreme Court granted an educator?s petition to set aside the hearing officer's determination that led to the termination of her employment with the New York City Department of Education following a disciplinary hearing ?to the extent of remanding the matter for the imposition of a lesser penalty...

Application seeking the removal of the school superintendent found fatally defective because it failed to contain the language required by the Commissioner?s regulations

Posted on May 09, 2013
Application seeking the removal of the school superintendent found fatally defective because it failed to contain the language required by the Commissioner?s regulations Decisions of the Commissioner of Education, Decision No. 16,479 Linda Wallace, alleging that school superintendent Randy Richards made ?inaccurate, misleading and designed to intimidate voters? in connection with the adoption of a school budget, asked the Commissioner to remove Dr...

Strange Bedfellows ? How the Commissioner?s Edict on ?Quiet Agreements? Aligned Teachers? Unions and School Districts

Posted on May 08, 2013
Strange Bedfellows ? How the Commissioner?s Edict on ?Quiet Agreements? Aligned Teachers? Unions and School Districts by Edward A. Trevvett, Esq. Source: NYMUNIBLOG - http://nymuniblog.com/?author=1 - Published by Harris Beach PLLC as a public service...

Educator must serve at least 40% of his or her workday in the tenure area in which he or she claims greater seniority than others in that tenure area for the purposed of layoff

Posted on May 07, 2013
Educator must serve at least 40% of his or her workday in the tenure area in which he or she claims greater seniority than others in that tenure area for the purposed of layoff Decisions or the Commissioner of Education, Decision 16,480 The school board granted Teacher tenure in the special education tenure area, About two years later the school board adopted a resolution abolishing two special education positions in the special education tenure area and notified Teacher that, as he was one of the least senior persons in the special education tenure area, his services were being discontinued at the end of the school year and that he would be placed on a ?preferred eligibility list...

The positions of town board member and building administrator for the local housing authority held incompatible under the circumstances

Posted on May 07, 2013
The positions of town board member and building administrator for the local housing authority held incompatible under the circumstances Informal Opinion of the Attorney General 2013-2 A town board member was hired as a building administrator by the housing authority board members and is currently is holding both positions...

Employer held liable for employee?s failure to call for assistance when asked to do so by police officers

Posted on May 06, 2013
Employer held liable for employee?s failure to call for assistance when asked to do so by police officers Filippo v New York City Tr. Auth., 2013 NY Slip Op 03025, Appellate Division, First Department Jannet Velez v 2013 NY Slip Op 03025, Appellate Division, First Department Two police officers were injured in a subway station as the result of an individual?s resisting arrest...

Selected reports and information published by New York State's Comptroller Thomas P. DiNapol

Posted on May 04, 2013
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli Issued during the week ending May 4, 2013 [Click on text highlighted in bold to access the full report] Entergy Shareholders To Take Up DiNapoli Proposal On Nuclear Power Safety New York State Comptroller Thomas P...

Teacher terminated after rejection constructive criticism of her ineffective teaching methods

Posted on May 03, 2013
Teacher terminated after rejection constructive criticism of her ineffective teaching methods Benjamin v New York City Board/Department of Educ., 2013 NY Slip Op 03035, Appellate Division, First Department A tenured New York City teacher challenged her termination following a disciplinary arbitration hearing...

Governor Como appoints Catherine Scott to serve as the State?s Inspector General

Posted on May 03, 2013
Governor Como appoints Catherine Scott to serve as the State?s Inspector General On May 2, 2013 Governor Andrew M. Cuomo announced that he has appointed Catherine Leahy Scott to serve as the Inspector General of New York State. Ms. Scott has been serving as the Acting Inspector General since February 2013...

Disciplinary hearing held in absentia after employee's attorney?s motion to withdraw from the matter is granted by the administrative law judge

Posted on May 02, 2013
Disciplinary hearing held in absentia after employee's attorney?s motion to withdraw from the matter is granted by the administrative law judge New York City Office of Administrative Trials and Hearings, OATH Index No 911/13 The New York City Administration for Children?s Services filed eight disciplinary charges, alleging, among other acts of misconduct, that a Juvenile Counselor employed by Children's Services failed to immediately investigate, report, and document a reported incident of alleged child abuse at a juvenile detention center and then later failed to cooperate fully in an investigation of the matter...

A contract of employment may shorten the controlling statute of limitations available to the employee with respect to his or her suing the employer if not unreasonable or ?the product of overreaching?

Posted on May 01, 2013
A contract of employment may shorten the controlling statute of limitations available to the employee with respect to his or her suing the employer if not unreasonable or ?the product of overreaching? Hunt v Raymour & Flanigan, 2013 NY Slip Op 02715, Appellate Division, Second Department Although contracts of employment are the exception with respect to most employments in the public sector, the decision by the Appellate Division in Hunt v Raymour and Flanigan, a decision involving a lawsuit between a former employer in the private section and its former employee, may be worthy of note by some public employers...

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