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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: 50.9/day

Last Entry: April 23, 2015 at 06:30:00

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Unscrupulous conduct or gross dereliction of duty warrants the removal of an officer of a town, village and other political subdivisions of the State pursuant to Public Officers Law §36

Posted on April 23, 2015
Unscrupulous conduct or gross dereliction of duty warrants the removal of an officer of a town, village and other political subdivisions of the State pursuant to Public Officers Law §36Public Officers Law §36 provides that certain officers of a political division of the State may be removed from his or her office for misconduct, maladministration, malfeasance or malversation in office...


A disciplinary penalty consisting of a ?51 days' forfeiture? deemed already served while on prehearing suspension without pay, found appropriate under the circumstances

Posted on April 22, 2015
A disciplinary penalty consisting of a ?51 days' forfeiture? deemed already served while on prehearing suspension without pay, found appropriate under the circumstancesSupreme Court annulled the New York City?s Police Commissioner finding an employee [Employee] of the New York City Police Department [NYPD] guilty of multiple disciplinary charges filed against Employee and the penalty imposed by the Commissioner: 51 days' forfeiture, deemed already served while on pretrial suspension...


Rules and regulations of the Department of Civil Service reviewed.

Posted on April 21, 2015
Rules and regulations of the Department of Civil Service reviewed in accordance with §207 of the State Administrative Procedure Act,Source: The New York State Register §207 of the State Administrative Procedures Act, in pertinent part, provides that any rule adopted on or after its effective ion for the rule, provided that at a minimum every rule shall be initially reviewed no later than in the fifth calendar year after the year in which the rule is adopted, and, thereafter, every rule shall be re-reviewed at five-year intervals...


Individual?s right to due process in a disciplinary hearing was not violated when the complaining witness was absent from the hearing due to intimidation and feared to testify

Posted on April 21, 2015
Individual?s right to due process in a disciplinary hearing was not violated when the complaining witness was absent from the hearing due to intimidation and feared to testify The Commissioner of the New York State Department of Health adopted an Administrative Law Judge's recommendation to sustain the three charges alleging patient abuse and/or neglect by a certified nurse's aide [Aide]...


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General Municipal Law §207-c Hearing Officer entitled to weigh conflicting medical opinions and determine which expert?s testimony to credit.

Posted on April 20, 2015
General Municipal Law §207-c Hearing Officer entitled to weigh conflicting medical opinions and determine which expert?s testimony to credit.A correction officer [CO] at a county correctional facility sustained a concussion when he hit his head on a wall while attempting to restrain an inmate...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending April 18, 2015

Posted on April 19, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending April 18, 2015Click on the URL links highlighted in color to access the full report State Departments and Agencies:State Department of Education ? Whitestone School for Child DevelopmentFor the three fiscal years ended June 30, 2013, auditors identified $154,563 in reported costs that did not comply with SED requirements and recommended such costs be disallowed...


Employees? requests to switch from the State University?s Optional Retirement Program to the New York State and Local Employees? Retirement System rejected

Posted on April 17, 2015
Employees? requests to switch from the State University?s Optional Retirement Program to the New York State and Local Employees? Retirement System rejectedSlip Op 03216, Appellate Division, Third DepartmentThe State Comptroller denied requests submitted by four employees employed by SUNY?s Stony Brook University Medical Center [SBUMC] currently enrolled in the State University?s Optional Retirement Program [ORP] seeking to be enrolled in the New York State and Local Employees' Retirement System [NYSLERS] retroactive to  their respective initial dates  of employment by SBUMC...


Summaries of recent disciplinary decisions posted on the Internet by the New York City Office of Administrative Trials and Hearings [OATH]

Posted on April 16, 2015
Summaries of recent disciplinary decisions posted on the Internet by the New York CityOffice of Administrative Trials and Hearings [OATH]Source: NYC Office of Administrative Trials and HearingsClick on text highlighted in color to access the text of the decision...


The Internal Revenue Service is offering a Free Webcast entitled ?What Is A Fringe Benefit and When Is It Taxable??

Posted on April 16, 2015
The Internal Revenue Service is offering a Free Webcast entitled ?What Is A Fringe Benefit and When Is It Taxable??Source: The IRS Federal State & Local Governments Newsletter A free Webcast will be offered by the Internal Revenue Service on April 23, 2015 at 12 p...


Seeking indemnification for legal expenses pursuant to Public Officers Law §18

Posted on April 15, 2015
Seeking indemnification for legal expenses pursuant to Public Officers Law §18 Paul W. Mossman as Commissioner of Social Services of Columbia County v County of Columbia (Two Proceeding), 2015 NY Slip Op 03005, Appellate Division, Third DepartmentIn Proceeding No...


Asking an administrative body to reconsider its earlier decision does not revive an expired statute of limitation absent without a fresh examination of the matter based on newly presented evidence

Posted on April 14, 2015
Asking an administrative body to reconsider its earlier decision does not revive an expired statute of limitation absent without a fresh examination of the matter based on newly presented evidence2015 NY Slip Op 02977, Appellate Division, Second DepartmentThe Board of Education denied a teacher?s request for family health insurance benefits in May 2008, explaining that she was not eligible for coverage under the terms of the relevant collective bargaining agreement...


An entity claiming that it is not subject to the State?s Freedom of Information Law has the burden to provide documentary evidence that conclusively establishes such a defense as a matter of law

Posted on April 13, 2015
An entity claiming that it is not subject to the State?s Freedom of Information Law has the burden to provide documentary evidence that conclusively establishes such a defense as a matter of lawNassau Community Coll. Fedn. of Teachers, Local 3150 v Nassau Community Coll...


New York State Comptroller Thomas P. DiNapoli proposes legislation to assist State and local governments pay for retiree health care premiums

Posted on April 13, 2015
New York State Comptroller Thomas P. DiNapoli proposes legislation to assist State and local governments pay for retiree health care premiumsSource: Office of the State ComptrollerState Comptroller Thomas P. DiNapoli today announced legislation to create an optional investment pool to help the state and local governments fund retiree health insurance and other post employment benefits (OPEB)...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending April 11, 2015

Posted on April 12, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending April 11, 2015Click on text highlighted in color to access the full report DiNapoli: Buffalo City Schools Technician Worked Second Job Simultaneously A Buffalo City School District technician pleaded guilty Thursday in Erie County Court after admitting he worked for a second school district at the same time before his scam was discovered by State Comptroller Thomas P...


New appointments to Governor Cuomo?s administration

Posted on April 11, 2015
New appointments to Governor Cuomo?s administrationSource: Office of the GovernorGovernor Andrew M. Cuomo recently announced the following eight appointments to his administration.Matthew Driscoll will be nominated to serve as Commissioner of the Department of Transportation...


A court?s review of an adverse disciplinary decision promulgated after a hearing is limited to considering whether the determination was based on substantial evidencer

Posted on April 10, 2015
A court?s review of an adverse disciplinary decision promulgated after a hearing is limited to  considering whether the determination was based on substantial evidence2015 NY Slip Op 02963, Appellate Division, Second Department;2015 NY Slip Op 03040, Appellate Division, First Department An employee asked the court to review a determination of the appointing authority that had adopted the findings and recommendation of a Committee of Aldermen made after a hearing...


Public policy favors the protection of employees? seniority rights

Posted on April 09, 2015
Public policy favors the protection of employees? seniority rightsAppeal of Alexander and Gonzales from action of the Board of Education of the East Ramapo Central School District, Augustina West and Dionne Olamiju regarding termination of employment...


Selected reports and information

Posted on April 08, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli Click on text highlighted in color to access the full reportNew York State Comptroller Thomas P. DiNapoli announced his office completed the audits of the following governmental organizations...


Amendments to the Education Law included in the Governor's Budget Bill

Posted on April 07, 2015
Amendments to the Education Law included in the Governor's Budget Bill2015 Article VII "Language Bills"*The Governor?s Budget incorporates Senate 2010 [Same as Assembly 3010] which provides for certain changes to §3020-a of the Education Law and other provisions of the Education Law including sections addressing probation and tenure...


Due process in cases involving student discipline differs from due process requirements involving the assessment of academic performance

Posted on April 06, 2015
Due process in cases involving student discipline differs from due process requirements involving the assessment of academic performance 2015 NY Slip Op 02775, Appellate Division, Second DepartmentShortly before graduation a student [Student] in the nursing program at a Community College (College) was dismissed from the program for alleged academic deficiency...


Applying the Doctrine of Primary Jurisdiction

Posted on April 03, 2015
Applying the Doctrine of Primary Jurisdiction2015 NY Slip Op 02769, Appellate Division, Second DepartmentA teacher [Educator] sued the school district when it declined to add two years to her ?seniority credit.? Supreme Court granted the school district?s motion ?pursuant to the doctrine of primary jurisdiction to the extent of staying the proceeding so that the parties could bring the issue before the New York State Commissioner of Education...


A collective bargaining agreement may establish a vested right to a continuation of the same health coverage enjoyed by the individual at the time of his or her retirement

Posted on April 02, 2015
A collective bargaining agreement may establish a vested right to a continuation of the same health coverage as a retiree enjoyed by the individual at the time of his or her retirementGuerrucci v School Dist. of City of Niagara Falls,  2015 NY Slip Op 02617, Appellate Division, Fourth DepartmentReversing a ruling by Supreme Court, the Appellate Division held that the ?individual plaintiffs are entitled to the health insurance coverage provided in the collective bargaining agreement in effect at the time each individual plaintiff retired? and ?those individual plaintiffs eligible for conversion of health insurance coverage ?supplemental to Medicare? are entitled to such coverage that, when combined with Medicare, equals the health insurance benefits prior to such conversion...


Police officer disciplined for attempting to ?fix tickets?

Posted on April 01, 2015
Police officer disciplined for attempting to ?fix tickets?2015 NY Slip Op 02686, Appellate Division, First DepartmentAfter a disciplinary hearing the hearing officer found the police officer was guilty of asking other officers for help in preventing the ?prosecution of summonses issued to other individuals? on two occasions...


Employer not liable for its employee?s off-duty misconduct outside the scope of his or her employment or not in furtherance of the employer?s business

Posted on March 30, 2015
Employer not liable for its employee?s off-duty misconduct outside the scope of his or her employment or not in furtherance of the employer?s business2015 NY Slip Op 02560, Appellate Division, First DepartmentThe Administrator of the Estate of an individual shot by an off-duty New York City police officer after a "road rage" related altercation sued the City for alleged negligent training and instruction of the officer involved in the incident...


Those concerned with employment related litigation in the public sector may be interested in some of the LawBlogs listed by Justia

Posted on March 29, 2015
Those concerned with employment related litigation the public sector may be interested in some of the LawBlogs listed by JustiaJustia currently tracks the readership of 6,098 Lawblogs in 74 subcategories, ranking the most popular based on the number of visits to the Blawg from the BlawgSearch search engine and directory listing pages...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending March 28, 2015

Posted on March 28, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending March 28, 2015Click on text highlighted in color  to access the full reportComptroller DiNapoli Releases School Audits New York State Comptroller Thomas P...


Some guidelines followed by courts in deciding appeals from adverse out-of-title employee grievances

Posted on March 27, 2015
Some guidelines followed by courts in deciding appeals from adverse out-of-title employee grievancesNew York State Corr. Officers & Police Benevolent Assn., Inc. v Governor's Off. of Empl. Relations, 2015 NY Slip Op 02543, Appellate Division, Third DepartmentCivil Service Law §61(2) provides, in relevant part, that "no person shall be assigned to perform the duties of any position unless he [or she] has been duly appointed, promoted, transferred or reinstated to such position in accordance with [the statute] and the rules prescribed thereunder...


The employer may reject the findings and recommendations of a hearing officer if its decision is supported by substantial evidence

Posted on March 26, 2015
The employer may reject the findings and recommendations of a hearing officer if its decision is supported by substantial evidence2015 NY Slip Op 02474, Appellate Division, Second DepartmentThe Fire District?s Board of Commissioners rejected the recommendation of a hearing officer and denied a firefighter?s application for benefits pursuant to General Municipal Law §207-a(2)...


Disciplinary action based on alleged sexual misconduct

Posted on March 25, 2015
Disciplinary action based on alleged sexual misconduct2015 NY Slip Op 02418, Appellate Division, First DepartmentA former teacher [FT] was served with disciplinary charges pursuant to Education Law §3020-a alleging that he ?hugged and kissed another teacher at least once a week for two months, despite her continually communicating to him that she did not want him to do this...


Any action to terminate a disability retirement allowance then being received by a NYC police officer must be approved by the NYC Police Pension Fund's Board of Trustees

Posted on March 24, 2015
Any action to terminate a disability retirement allowance then being received by a NYC police officer must be approved by the NYC Police Pension Fund's Board of Trustees 2015 NY Slip Op 02011, Appellate Division, First Department A former New York City Police Department police officer on disability retirement [DR] was discovered performing construction work while claiming to be disabled...


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