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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: 10.2/day

Last Entry: November 05, 2020 at 10:02:02

Existence of an alternative rational conclusion insufficient to overturn disciplinary determination

Posted on May 10, 2010
Existence of an alternative rational conclusion insufficient to overturn disciplinary determinationPeil v Beirne, 2010 NY Slip Op 03453, Decided on April 27, 2010, Appellate Division, Second DepartmentMarguerite Beirne, as Chief Information Officer of the Westchester County Department of Information Technology, adopted the findings and recommendation of the disciplinary hearing officer who found Scott Peil guilty of certain charges...

Failure to exhaust available administrative remedies

Posted on May 10, 2010
Failure to exhaust available administrative remediesWhite v Pozzi, 2010 NY Slip Op 03463, Decided on April 27, 2010, Appellate Division, Second DepartmentDennis White's failure to exhaust his administrative remedies coupled with his failure to demonstrate an exception to the exhaustion requirement insofar as his appeal was concerned resulted in Supreme Court denying his petition seeking judicial review of the disciplinary determination...

Appointing an individual to serve as an election commissioner

Posted on May 10, 2010
Appointing an individual to serve as an election commissionerWood v County of Cortland, 2010 NY Slip Op 03517, Decided on April 29, 2010, Appellate Division, Third DepartmentA County Legislature has the authority to appoint an Election Commissioner where the mechanism for making such an appointment set out in Election Law § 3-204 did not result in a valid appointment to the vacancy...

Ignorance of employer's own paid leave policies excuses claim for liquidated damages

Posted on May 10, 2010
Ignorance of employer's own paid leave policies excuses claim for liquidated damagesSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2010. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation...

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Statement by Governor Paterson on the approval of emergency appropriations legislation containing authorizations for employee furloughs

Posted on May 10, 2010
Statement by Governor Paterson on the approval of emergency appropriations legislation containing authorizations for employee furloughsIssued by the Governor's Press OfficeDateline: ALBANY, NY (05/10/2010) --"I commend the Legislature for approving my emergency appropriations legislation, which will ensure the continued orderly operation of government and achieve necessary workforce savings through State employee furloughs...

In a layoff situation, only the name of an educator having ?faithful, competent service? in the position may be placed on a preferred list

Posted on May 07, 2010
In a layoff situation, only the name of an educator having ?faithful, competent service? in the position may be placed on a preferred listMatter of Einsohn v New York City Dept. of Educ., 2010 NY Slip Op 03839, decided on May 6, 2010, Appellate Division, First DepartmentMarc Einsohn served as Assistant Principal of Foreign Language at Francis Lewis High School in New York City...

Refusal to answer questions after being given ?use immunity?

Posted on May 07, 2010
Refusal to answer questions after being given ?use immunity?Martinez v Safir, App. Div., 1st Dept., 251 A.D.2d 62John Martinez, a New York City probationary police officer, refused to answer question posed by a superior concerning his conduct while off-duty and outside his jurisdiction despite being given ?use immunity? with respect his answers to the question...

Governor Paterson asks New York State Theatre Institute board members to resign

Posted on May 07, 2010
Governor Paterson asks New York State Theatre Institute board members to resignStatutory Authority: §9.09.2, Arts and Cultural Affairs LawGovernor Paterson has advised the members of the Board of Directors of the New York State Theatre Institute* that he would remove them from their respective position if they failed to submit their resignations from the Board...

Volunteer firefighters and volunteer ambulance workers may be offered health insurance if the organization is a NYSHIP participant

Posted on May 06, 2010
Volunteer firefighters and volunteer ambulance workers may be offered health insurance if the organization is a NYSHIP participantSource: Press release by the GovernorThe Governor has signed Senate 5111 / Assembly 8215 into law. It is Chapter 71 of the Laws of 2010...

Court enforces the employer?s rule requiring disciplinary proceedings to be conducted by a hearing officer in accordance with the provision of the CBA

Posted on May 06, 2010
Court enforces the employer?s rule requiring disciplinary proceedings to be conducted by a hearing officer in accordance with the provision of the CBAJohnson City Professional Fire Fighters Local 921 v Village of Johnson City, 2010 NY Slip Op 50785(U), Decided on April 23, 2010, Judge Ferris D...

False statements made in an investigation

Posted on May 05, 2010
False statements made in an investigationAbbate v Safir, 279 A.D.2d 260Not being truthful in responding to questions posed in the course of an official investigation may result in disciplinary action.New York City police officer Anthony Abbate was found guilty of charges that he "lied at his official interview" when he denied that he had "uttered profanities to another officer," and, in a separate incident, "was discourteous and disrespectful to another officer in uttering racial epithets in an argument...

Political activity during working hours not protected by the Labor Law

Posted on May 05, 2010
Political activity during working hours not protected by the Labor LawMcCue v County of Westchester, 57 AD3d 746James McCue sued Westchester County seeking damages on the ground that he had been unlawfully terminated from his employment in violation of Labor Law §201-d...

Banning an individual from the appointing authority?s property while disciplinary charges are pending

Posted on May 05, 2010
Banning an individual from the appointing authority?s property while disciplinary charges are pendingAppeal of Anonymous from action of the Board of Education of the Mamaroneck Union Free School District, Decisions of the Commissioner of Education, No...

Former employee?s claims of denial of administrative due process in a disciplinary hearing rejected by the Appellate Division

Posted on May 04, 2010
Former employee?s claims of denial of administrative due process in a disciplinary hearing rejected by the Appellate DivisionMatter of Stodolka v Starpoint Cent. School Dist., 2010 NY Slip Op 03698, Decided on April 30, 2010, Appellate Division, Fourth DepartmentThe Stodolka decision by the Appellate Division, Fourth Department, is an interesting decision as it sets out, and answers, a number of procedural issues that may be encountered in an administrative disciplinary action...

Court rules CBA article providing that the question of the arbitrability of the issue is for the arbitrator to determine bars its intervention

Posted on May 04, 2010
Court rules CBA article providing that the question of the arbitrability of the issue is for the arbitrator to determine bars its interventionLiverpool Pub. Lib. v Civil Serv. Employees Assn., Inc., Local 1000, Liverpool Pub. Lib. Unit of Onondaga Local 834, 2010 NY Slip Op 03667, Decided on April 30, 2010, Appellate Division, Fourth DepartmentCSEA filed a demand that a disciplinary grievance it filed on behalf of one of the employees in the collective bargaining unit...

Determining when the statute of limitations to file a timely Article 78 begins to run

Posted on May 04, 2010
Determining when the statute of limitations to file a timely Article 78 begins to runRodriguez v Yonkers, App. Div., Second Dept., 279 A.D.2d 632The facts in the Rodriguez case are simple enough: the City of Yonkers terminated Frank Rodriguez, an environmental maintenance worker, for excessive absences effective March 16, 1999...

State employee furloughs

Posted on May 04, 2010
State employee furloughsMay 4, 2010 press release from the Office of the GovernorThe following is the full text of the press release issued by the Governor's press office on May 4, 2010:"Governor David A. Paterson today announced that, in the absence of a final enacted budget, he will include language authorizing State employee furloughs directly within his next round of proposed emergency appropriations bills...

Evidence of misconduct consisting of written reports and testimony of witnesses constitutes ?substantial evidence? in the record

Posted on May 03, 2010
Evidence of misconduct consisting of written reports and testimony of witnesses constitutes ?substantial evidence? in the recordMatter of Overton v Board of Educ. of the Yonkers City School Dist., 2010 NY Slip Op 03452, Decided on April 27, 2010, Appellate Division, Second DepartmentJohn Overton, employed by the Board of Education of the Yonkers City School District in a position in the classified service, was served with disciplinary charges pursuant to Civil Service Law §75...

Requesting the reconsideration of an administrative determination does not toll the statute of limitations for bring an Article 78 action

Posted on May 03, 2010
Requesting the reconsideration of an administrative determination does not toll the statute of limitations for bring an Article 78 actionMatter of Barresi v County of Suffolk, 2010 NY Slip Op 03439, Decided on April 27, 2010, Appellate Division, Second DepartmentPhilip R...

Downloading employer?s computer records without approval disqualified terminated employee for unemployment insurance benefits

Posted on May 03, 2010
Downloading employer?s computer records without approval disqualified terminated employee for unemployment insurance benefits Matter of Coleman v Commissioner of Labor, 2010 NY Slip Op 03022, decided on April 15, 2010, Appellate Division, Third Department Jermaine C...

Retroactive application of a law, rule or regulation

Posted on April 30, 2010
Retroactive application of a law, rule or regulationSt.Clair Nation v City of New York, Court of Appeals, 2010 NY Slip Op 03471, Decided on April 29, 2010May the provisions of a law, rule or regulation be applied to the individual with respect to his or her conduct prior to the effective date of the law, rule or regulation? This was the significant issue in Leon St...

Retirement System is required by law to correct errors in retirement benefit payments and seek repayment of excess benefits already paid to a retiree

Posted on April 29, 2010
Retirement System is required by law to correct errors in retirement benefit payments and seek repayment of excess benefits already paid to a retireeMatter of Palandra v New York State Teachers' Retirement Sys., 2010 NY Slip Op 50735(U), Decided on March 17, 2010, Supreme Court Albany County, Judge George B...

Civil Service Law §72 disability leave hearings conducted by the NYC Office of Administrative Trials and Hearings

Posted on April 29, 2010
Civil Service Law §72 disability leave hearings conducted by the NYC Office of Administrative Trials and Hearings *NYC Housing Authority v Anonymous, OATH Index # 1055/10NYC Human Resources Administration v Anonymous, OATH Index #1613/10In the NYC Housing Authority Civil Service Law §72 disability leave proceeding, an OATH Administrative Law Judge found that the Authority had established that Anonymous, an analyst with the Authority, was unfit to perform the duties of the position due to a mental disability...

Administrative due process requires the employee be given a hearing before his or her GML §207-a benefits can be discontinued

Posted on April 29, 2010
Administrative due process requires the employee be given a hearing before his or her GML §207-a benefits can be discontinuedZervos v City of Binghamton, 2010 NY Slip Op 30840(U), April 13, 2010, Supreme Court, Broome County, Judge Ferris D. Lebous [Not selected for publications in the Official Reports]Judge Lebous said the events leading to Spero Zervos filing his instant petition are not disputed...

Governor Paterson proposes to furlough most Executive Branch State employees one day per week until the 2010-2011 budget is passed

Posted on April 28, 2010
Governor Paterson proposes to furlough most Executive Branch State employees one day per week until the 2010-2011 budget is passedSource: Office of the GovernorOn April 27, 2010, Governor Paterson said he intends furlough most Executive Branch State employees one day each week ?during each weekly emergency appropriation bill period until a responsible final 2010-11 budget is passed...

A continuing pattern of insubordination and poor work with no mitigating circumstances results in a recommendation that the employee be terminated

Posted on April 28, 2010
A continuing pattern of insubordination and poor work with no mitigating circumstances results in a recommendation that the employee be terminatedMatter of the NYC Department of Law v Lawrence, OATH Index #1312/10 Ingrid Addison, an OATH Administrative Law Judge, recommended that a workers' compensation benefit examiner, Kevin Lawrence, employed at the New York City Law Department be terminated from his position...

The ?substantial evidence? standard applies in administrative hearings; the "arbitrary and capricious" test governs in contract disciplinary actions

Posted on April 28, 2010
The ?substantial evidence? standard applies in administrative hearings; the "arbitrary and capricious" test governs in contract disciplinary actions Matter of Edwards v Oyster Bay-East Norwich Cent. School Dist., 2010 NY Slip Op 30922(U), April 8, 2010, Supreme Court, Nassau County, Judge Denise L...

Workers? Compensation benefits for injury suffered after falling from hotel roof denied as not having arisen in the course employment

Posted on April 27, 2010
Workers? Compensation benefits for injury suffered after falling from hotel roof denied as not having arisen in the course employmentMatter of Maher v NYS Div. of Budget, 2010 NY Slip Op 03216, Decided on April 22, 2010, Appellate Division, Third DepartmentEmily B...

Dismissal recommended by hearing officer after finding employee guilty of accessing sexually explicit materials while at work

Posted on April 27, 2010
Dismissal recommended by hearing officer after finding employee guilty of accessing sexually explicit materials while at work New York City Law Department v Cooper, OATH Index #1394/10OATH Administrative Law Judge John Spooner recommended termination for a 73-year-old paralegal found to have opened, sent, and printed sexually explicit e-mails, images, and videos...

Attorney-client privilege defeats motion to depose attorney

Posted on April 27, 2010
Attorney-client privilege defeats motion to depose attorneyClark v Schuylerville Cent. School District, 57 AD3d 1145Linda Clark, a teacher at Schuylerville Central School District, was placed on administrative leave after showing the R-rated movie Macbeth to her 10th grade class ?in violation of the [d]istrict's policy and procedures...

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