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Labor & Employment Law

New York Public Personnel 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: 22.6/day

Last Entry: August 19, 2014 at 07:00:00

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Tampering with a public record

Posted on August 19, 2014
Tampering with a public recordOATH Index No. 1297/14The employer alleged that its project manager, without authorization, altered two work orders signed by his supervisor. He then e-mailed the orders to the contractor despite the fact that they had not be signed by the supervisor...


Threatening to use administrative authority

Posted on August 18, 2014
Threatening to use administrative authority In an Associated Press news item dated August 16, 2014 by Paul J. Weber and Will Weissert concerning the indictment of Texas Governor Rick Perry by a grand jury for allegedly ?abusing the powers of his office by carrying out a threat to veto funding for state prosecutors investigating public corruption? the article states that ?No one disputes that Perry is allowed to veto measures approved by the Legislature, including part or all of the state budget...


Contingent permanent appointments

Posted on August 15, 2014
Contingent permanent appointments Cruz v New York State Unified Ct. Sys., 2014 NY Slip Op 05640, Appellate Division, Second DepartmentTwo employees of the New York State Unified Court System and New York State Office of Court Administration, John Ferguson and Jocelyn Cruz, were removed from their positions of employment that they held pursuant to a ?contingent permanent appointment...


Transcribing the hearing in a disciplinary arbitration proceeding

Posted on August 14, 2014
Transcribing the hearing in a disciplinary arbitration proceeding2014 NY Slip Op 05700, Appellate Division, First DepartmentIn this CPLR Article 75 action Supreme Court?s confirmed the arbitrator?s decision imposing the penalty of termination on an employee [Employee] of the New York City Transit Authority [NYCTA]...


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Background checks for individuals seeking to be elected or appointed as a volunteer firefighter

Posted on August 13, 2014
Background checks for individuals seeking to be elected or appointed as a volunteer firefighter  Chapter 198 of the Laws of 2014Governor Andrew M. Cuomo has signed legislation that prohibits an individual registered under the sex offender from being elected or appointed as a volunteer firefighter...


The State University of New York?s Optional Retirement Plan

Posted on August 12, 2014
The State University of New York?s Optional Retirement Plan Chapter 337 of the Laws of 1964  Fifty years ago the State University of New York was faced with a dilemma. Undergoing rapid and extensive growth, it was experiencing significant difficulty in recruiting and retaining faculty and professional staff for its new and expanding campuses...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending August 9, 2014

Posted on August 11, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending August 9, 2014Click on text highlighted in color to access the full reportDepartment of Health (DOH) ? Inappropriate Medicaid Payments for Recipients with Multiple Identification Numbers and No Social Security Numbers (Follow-Up) (2014-F-1)An initial audit report, issued in July 2012, identified $17...


New York State Internship -- opportunities for the Fall semester

Posted on August 09, 2014
New York State Internships -- opportunities for the Fall semesterSource: New York State Department of Civil ServiceOn August 6, 2014 New York State Civil Service Commission President Jerry Boone has announced that the application deadline is approaching for hundreds of internship opportunities available within New York State government...


Are you a Veteran?

Posted on August 09, 2014
Are you a Veteran?Do you know a Veteran, family member or friend?Learn about your benefits at: www.veterans.ny.gov  orcall 1-888 VETSNYS (838-7697). .


Providing for the defense and indemnification of officers and employees of public entities named as defendants in civil litigation

Posted on August 08, 2014
Providing for the defense and indemnification of officers and employees of public entities named as defendants in civil litigation2014 NY Slip Op 05510, Appellate Division, Second DepartmentA number of employees [Plaintiffs] of the State sued their employer and named an agency employee ?in her official capacity? for damages for ?intentional infliction of emotional distress, negligent misrepresentation, fraudulent misrepresentation, defamation, abuse of process, and civil rights violations pursuant to 42 USC § 1983...


Discontinuing the services of a probationary employee

Posted on August 08, 2014
Discontinuing the services of a probationary employee 2014 NY Slip Op 05440, Appellate Division, Second DepartmentA New York City Department of Education probationary employee [PE] serving a position in the Unclassified Service was terminated during her probationary period...


Terminating a ?government? retirement plan

Posted on August 07, 2014
Terminating a ?government? retirement planSource: Employee Plans News, Issue 2014-11, dated August 4, 2014The Internal Revenue Service August 2014 Issue of Employee Plans News has a number of articles concerning terminating an employee defined retirement plan including the following [Click on the text highlighted in color to access the information posted on the Internet): Terminating a retirement planPlan amendments required before terminationFAQs regarding plan terminationsFAQs regarding partial plan terminationAlso considered are Internal Revenue Code Section 401(a)retirement plan established and maintained for the employees of:the United States or its agency or instrumentality;a state or political subdivision, or its agency or instrumentality; oran Indian tribal government or its subdivision, or its agency or instrumentality (participants must substantially perform services essential to governmental functions rather than commercial activities...


Failure to notify superior of inmate?s not receiving his medication

Posted on August 07, 2014
Failure to notify superior of inmate?s not receiving his medicationOATH Index Nos. 591/14, & 592/14Two correction officers [COs] were charged with failing to notify their supervisor or medical staff that an inmate had not received his medication...


Changing a Connecticut teacher?s professional obligation from full-time to part-time not a ?termination? requiring a pre-termination notice and hearing

Posted on August 06, 2014
Changing a Connecticut teacher?s professional obligation from full-time to part-time not a ?termination? requiring a pre-termination notice and hearingMirabilio v Regional School District 16 [Connecticut], USCA, Second Circuit, Docket #13-4156A tenured teacher sued the school board alleging that the board had violated her due process rights under the Fourteenth Amendment and Connecticut General Statute §10-151 when it failed to provide her with ?notice and a hearing? before reducing her full-time position to a half-time position...


Teacher evaluation regulations

Posted on August 06, 2014
Teacher evaluation regulationsSource: NYMuniBlogAn article entitled Amendment to Teacher Evaluation Regulations Creates Further Confusion* by Harris Beach attorney Warren H. Richmond was published in the July 30, 2014 edition of the New York Law Journal...


School board?s abolishment of library media specialist positions challenged

Posted on August 05, 2014
School board?s abolishment of library media specialist positions challengedAppeal to the Commissioner of Education, Appeal #16,631The School Board abolished six library media specialist positions in the district. One of the media specialists [MS] appealed the Board?s action on behalf of herself and the five other media specialists, alleging that [1] its elementary schools still contain the same library facilities and resources to which elementary students have regular access and [2] the School Board created literacy centers at each of its elementary schools at which each elementary school class receives one reading class per week taught by newly-employed reading teachers and teaching assistants...


Showing a non-retaliatory purpose for its actions and the absence of evidence that the employer?s explanation was ?mere pretext? defeats employees? Title VII complaint

Posted on August 04, 2014
Showing a non-retaliatory purpose for its actions and the absence of evidence that the employer?s explanation was ?mere pretext? defeats employees? Title VII complaint USCA, 2nd Circuit, Docket 12-1526A complaint filed against the Onondaga County Sheriff?s Department pursuant to Title VII of the Civil Rights Act [42 U...


Threatening and harassing co-workers

Posted on August 04, 2014
Threatening and harassing co-workers OATH Index No. 1404/14An emergency medical technician [EMT] was charged with committing five incidents of misconduct over a two-year period. OATH Administrative Law Judge John B. Spooner sustained the charges, finding EMT  threatened and harassed co-workers...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending August 2, 2014

Posted on August 02, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending August 2, 2014 Click on text highlighted in color  to access the full report  Fire Department treasurer arrested for stealing public funds New York State Comptroller Thomas P...


County awarded attorney fees and costs as the prevailing party in a civil rights action

Posted on August 01, 2014
County awarded attorney fees and costs as the prevailing party in a civil rights actionCarter v Village of Ocean Beach, USCA, 2nd Circuit, #13,815Plaintiffs, former seasonal and part-time police officers of the Village of Ocean Beach, sued the Village and County and various officers and employees of those entities alleging multiple wrongful termination and defamation...


Law enforcement officers may be held to higher standards of conduct than other civil service employees

Posted on July 31, 2014
Law enforcement officers may be held to higher standards of conduct than other civil service employees2014 NY Slip Op 04297, Appellate Division, Fourth DepartmentA County Correction Officer [Petitioner] was alleged to have violated departmental rules and regulations and, after an advisory arbitration hearing, was suspended from his position without pay for 45 days...


Employer entitled to reimbursement of the cost of post-employment health insurance benefits it erroneously paid on behalf of a former employee

Posted on July 30, 2014
Employer entitled to reimbursement of the cost of post-employment health insurance benefits it erroneously paid on behalf of a former employee2014 NY Slip Op 04203, Appellate Division, Second DepartmentIn this action a former employee [Plaintiff] of a municipal entity [Municipality] filed a petition in the nature of mandamus to compel her former employer to provide her with post-employment health insurance benefits...


In seeking to vacate an arbitration award, the moving party must set out the grounds relied upon for setting the award aside

Posted on July 29, 2014
In seeking to vacate an arbitration award, the moving party must set out the grounds relied upon for setting the award aside2014 NY Slip Op 04451, Appellate Division, First DepartmentThe arbitrator had found the employee [Petitioner] guilty of certain disciplinary charges and had imposed the penalty of a thirty-day suspension without pay...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending July 25, 2014

Posted on July 29, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending July 25, 2014Click on text highlighted in color  to access the full report  Town of Berne ? Procurement (Albany County)The town board has adopted comprehensive procurement policies and procedures that provide guidance as to when items must be competitively bid and when written or verbal quotes should be obtained for purchases not required to be bid...


A two-month suspension without pay rather than termination ruled the appropriate penalty in view of employee's 29 years of service and her previously unblemished work record

Posted on July 29, 2014
A two-month suspension without pay rather than termination ruled the appropriate penalty in view of employee's 29 years of service and her previously unblemished work record2014 NY Slip Op 04660, Appellate Division, Fourth DepartmentA senior account clerk-typist [Petitioner] was charged with incompetence and misconduct in the performance of her duties...


Insubordination, neglect of duty, and unbecoming conduct

Posted on July 28, 2014
Insubordination, neglect of duty, and unbecoming conductOATH Index No. 1372/14A respiratory therapist [RT] was charged with insubordination, neglect of duty, and unbecoming conduct. OATH Administrative Law Judge Faye Lewis found that RT neglected his duty by failing to answer multiple telephone calls from the emergency room relating to a trauma patient and failing to respond to the emergency room in a timely manner...


Failure to name necessary parties required the dismissal of an appeal to the Commissioner of Education

Posted on July 28, 2014
Failure to name necessary parties required the dismissal of an appeal to the Commissioner of Education Decisions of the Commissioner of Education, Decision No. 16,607This appeal concerned the school district?s alleged failure to recall an individual whose name appeared on the relevant preferred eligible list who claimed to have greater seniority that those reinstated from the preferred list...


A court will confirm an arbitration award unless it finds the award irrational or violates public policy, or exceeds a specifically enumerated limitation on the arbitrator's power

Posted on July 28, 2014
A court will confirm an arbitration award unless it finds the award irrational or it violates strong public policy, or it exceeds a specifically enumerated limitation on the arbitrator's powerProfessional Firefighters Assn. of Nassau County v Village of Garden City, 2014 NY Slip Op 05343, Appellate Division, Second DepartmentThe Village Garden City assigned volunteer firefighters to operated ?first line? equipment rather than to paid firefighters represented by the Professional Firefighters Association of Nassau County...


Termination during a disciplinary probation period

Posted on July 25, 2014
Termination during a disciplinary probation period2014 NY Slip Op 05347, Appellate Division, Second DepartmentAn employee [Petitioner] filed an Article 78 petition challenging the appointing authority's summarily terminating him from his position.Earlier Petitioner, a Safety and Security Officer, was served with a notice of discipline alleging that he was guilty of misconduct when, among other things, he failed to properly activate the emergency medical system...


Failure to fulfill the requirements for an extension of a leave of absence

Posted on July 25, 2014
Failure to fulfill the requirements for an extension of a leave of absenceOATH Index No. 749/14New York City Office of Administrative Trials and Hearings Administrative Law Judge John B. Spooner recommended the termination of employment of a service aide for excessive absence and absence without leave...


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