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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

Nepotism and public employment in New York State

Posted on April 26, 2010
Nepotism and public employment in New York StatePublic Officers Law §73.14 (a)New York State Inspector General Joseph Fisch alleges the New York State Theatre Institute?s (NYSTI) Producing Director, Patricia Snyder, has engaged in nepotism* by ?routinely [hiring] members of her immediate family for NYSTI productions? while Attorney General Andrew Cuomo has alleged that a State Senator, Pedro Espada, Jr...

Employee has the burden of proof that the decision that he or she did not satisfactorily complete a probationary period was made in bad faith

Posted on April 23, 2010
Employee has the burden of proof that the decision that he or she did not satisfactorily complete a probationary period was made in bad faithMatter of Davids v City of New York, 2010 NY Slip Op 03247, Decided on April 22, 2010, Appellate Division, First DepartmentJoseph Davids was demoted* from the rank of probationary captain to his permanent title of lieutenant Davids filed a petition pursuant to CPLR Article 78 in which he asked the court to annul the City?s action...

Correction officer found guilty ?undue familiarity? with prison inmates

Posted on April 23, 2010
Correction officer found guilty of ?undue familiarity? with prison inmatesDepartment of Corrections v Murchison-Hunt, OATH Index #297/10OATH Administrative Law Judge Joan Salzman recommended that Mercedes Murchison-Hunt, a New York City correction officer who accepted earphones from an inmate, listened to music with them, and danced to the music in front of inmates while on duty be suspended for 60 days without pay...

US Court of Appeals, 11th Circuit, holds FMLA right to commence leave is not absolute

Posted on April 23, 2010
US Court of Appeals, 11th Circuit, holds FMLA right to commence leave is not absoluteKrutzig v. Pulte Home Corp., No. 09-12512 (11th Cir. April 5, 2010)Source: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2010. All rights reserved by Carl C...

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COBRA Premium Reduction

Posted on April 23, 2010
COBRA Premium ReductionSource - U. S. Department of Labor, Employee Benefits Security Administration Fact Sheet The American Recovery and Reinvestment Act of 2009 (ARRA), as amended, provides for premium reductions for health benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly called COBRA...

College professor is unsuccessful in challenging his denial of reappointment

Posted on April 22, 2010
College professor is unsuccessful in challenging his denial of reappointmentMatter of Fruehwald v. Hofstra University, ____Misc. 3d____(Nassau Co. April 19, 2010)Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission...

The employer's failure to reply to a request to withdraw a resignation otherwise permitted by its Regulations is arbitrary and an abuse of discretion

Posted on April 22, 2010
The employer's failure to reply to a request to withdraw a resignation otherwise permitted by its Regulations is arbitrary and an abuse of discretion Matter of Mendez v New York City Dept. of Educ., 2010 NY Slip Op 30889(U), April 9, 2010, Supreme Court, New York County, Judge Jane S...

Nepotism: The State Inspector General alleges that the NYSTI Producing Director did not recognize NYSTI is subject to the State?s ethics rules

Posted on April 21, 2010
Nepotism: The State Inspector General alleges that the NYSTI Producing Director did not recognize NYSTI is subject to the State?s ethics rulesState Inspector General?s ?Report of Investigation of the New York State Theatre Institute?New York State Inspector General Joseph Fisch alleges that the New York State Theatre Institute (NYSTI) under the direction of its Producing Director, Patricia Snyder, failed to recognize NYSTI?s existence as a public entity subject to the State?s ethics rules...

Disapproval of an application for General Municipal Law §207-c disability benefits may be annulled only if the determination is arbitrary and capricio

Posted on April 20, 2010
Disapproval of an application for General Municipal Law §207-c disability benefits may be annulled only if the determination is arbitrary and capriciousMatter of Tancredi v Town of Harrison/Village of Harrison Police Dept., 2010 NY Slip Op 03136, Decided on April 13, 2010, Appellate Division, Second DepartmentThe Chief of Police of the Town of Harrison/Village of Harrison Police Department denied police officer Ralph Tancredi?s application for disability benefits available under General Municipal Law §207-c...

USLaw.com has listed about 500 of NYPPL?s Internet postings on its Web site

Posted on April 20, 2010
USLaw.com has listed about 500 of NYPPL?s Internet postings on its Web siteA typical entry provides basic information concerning the NYPPL item ? with a link to the full posting. For example, USLaw posted the following:Consideration of hearsay evidence in a Section 75 disciplinary hearing permittedPosted on December 17, 2009Consideration of hearsay evidence in a Section 75 disciplinary hearing permittedMatter of Ebling v Town of Eden, 59 AD3d 978 -- The Appellate Division confirmed the dismissal of Stephen Ebling from his position following a hearing pursuant to Civil Service Law §75...

Only the union or the employer may demand that an issue be submitted to arbitration

Posted on April 20, 2010
Only the union or the employer may demand that an issue be submitted to arbitrationNew York City Tr. Auth. v Gorrick, 2010 NY Slip Op 03044, Decided on April 15, 2010, Appellate Division, First DepartmentThe New York City Transit Authority sued Philbert Gorrick, its former employee, in connection with Gorrick?s ?admittedly fraudulent misrepresentation of earnings in an affidavit executed for the express purpose of inducing the Transit Authority to pay him more than $100,000 in back pay after he was successful in obtaining an arbitration award in a disability discrimination action...

Employee suspended without pay in excess of the time authorized by §75 may be entitled to be paid for some or all of such suspension without pay

Posted on April 19, 2010
Employee suspended without pay in excess of the time authorized by §75 may be entitled to be paid for some or all of such suspension without payElizabeth Miller Nabors v Town of Somers, 2010 NY Slip Op 03089, Decided on April 13, 2010, Appellate Division, Second DepartmentElizabeth Miller Nabors began working part time for the Town of Somers...

Hearing officer to determine the weight to be given to evidence offered in the course of disciplinary hearing

Posted on April 19, 2010
Hearing officer to determine the weight to be given to evidence offered in the course of disciplinary hearingMatter of Board of Educ. of Byram Hills Cent. School Dist. v Carlson, 2010 NY Slip Op 03120, Decided on April 13, 2010, Appellate Division, Second DepartmentThe Byram Hills Central School District served disciplinary charges upon Gregory E...

HR mangers may be held individually liable for FMLA violations

Posted on April 19, 2010
HR mangers may be held individually liable for FMLA violationsSource: 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...

Budget difficulties may result in school districts considering school consolidations and staff layoffs

Posted on April 19, 2010
Budget difficulties may result in school districts considering school consolidations and staff layoffsSource: Newspaper reportsIt is expected that decisions involving school consolidations and closings and the layoff of personnel by school boards will be contested via an appeal to the Commissioner of Education...

NYC Board of Education and the UFT agreement addressing the processing of disciplinary charges filed against an educator pursuant to §3020-a

Posted on April 16, 2010
The following is the letter from NYC Department of Education Chancellor Klein to United Federation of Teachers President Michael Mulgrew concerning the processing of disciplinary charges filed against an educator pursuant to §3020-a of the Education Law...

Legislation providing an early retirement incentive for certain employees of educational entities signed into law

Posted on April 15, 2010
Legislation providing an early retirement incentive for certain employees of educational entities signed into lawS6972A/A.10065A into lawGovernor Paterson signed S6972A/A.10065A into law.In the words of the Act, it authorizes a temporary retirement incentive for "certain employees" of:1...

FOIL amended

Posted on April 15, 2010
FOIL amendedSource: Office of the Governor Governor Paterson signed a number of bills enhancing the State?s Open Meetings Law.The bills include:1. A.5873/S.4284, which provides that public meetings are to be held in facilities that are able to accommodate members of the public;2...

Retirement Board?s failure to make an independent evaluation of an individual?s application for disability retirement fatal to the process

Posted on April 14, 2010
Retirement Board?s failure to make an independent evaluation of an individual?s application for disability retirement fatal to the processSchlesinger v New York City Employees' Retirement System, 2010 NY Slip Op 20123, Decided on April 7, 2010, Supreme Court, Kings County, Judge Martin SchneierIn this Article 78 action Michael Schlesinger asked the court to annul, the action of the [New York City Employees? Retirement System] denying his application for a disability retirement pursuant to Retirement and Social Security Law Section 507-c and to direct, "the respondents to retire petitioner with accident disability retirement pursuant to Retirement and Social Security Law Section 507-c...

A lawsuit pursuant to General Municipal Law §205-e is not available to a police officer injured by a fellow officer acting in the line of duty

Posted on April 14, 2010
A lawsuit pursuant to General Municipal Law §205-e is not available to a police officer injured by a fellow officer acting in the line of dutyFerriolo v City of New York, 2010 NY Slip Op 02978, Decided on April 13, 2010, Appellate Division, First DepartmentPolice officer Vincenzo Ferriolo was in his precinct?s locker room when a fellow police officer, Gian, accidentally discharged weapon, shattering Ferriolo?s femur...

Statements made in the course of a judicial or quasi-judicial proceeding are absolutely privileged

Posted on April 14, 2010
Statements made in the course of a judicial or quasi-judicial proceeding are absolutely privilegedMatter of Gaeta v Incorporated Village of Garden City, 2010 NY Slip Op 02950, Decided on April 6, 2010, Appellate Division, Second DepartmentSometimes a party will file a lawsuit contending that he or she was slandered* in the course of a judicial or a quasi-judicial action such as an administrative hearing...

An employee?s suspension without pay may extended if the delay in an administrative disciplinary action is caused by the accused

Posted on April 14, 2010
An employee?s suspension without pay may extended if the delay in an administrative disciplinary action is caused by the accusedMatter of Skrypek v Bennett, 31 AD3d 827, reversed, 7 NY3d 919May an employee, in the course of a disciplinary hearing, be removed from the payroll after he or she has already been suspended without pay for up to the thirty days authorized by Section 75 of the Civil Service Law? As the Skrypek decision demonstrates, yes, if he or she unreasonably acts to delay the proceeding...

Candidate on military duty must be eligible and reachable for appointment for name to be placed on a special military list following discharge

Posted on April 13, 2010
Candidate on military duty must be eligible and reachable for appointment for name to be placed on a special military list following dischargeMatter of Woods v New York City Dept. of Citywide Admin. Servs., 2010 NY Slip Op 02863, Decided on April 8, 2010, Appellate Division, First DepartmentSection 243...

Individuals incarcerated in federal prisons not entitled to minimum wages for work performed while in prison

Posted on April 13, 2010
Individuals incarcerated in federal prisons not entitled to minimum wages for work performed while in prisonJ. Tony Serra, et al v Harley Lappin, Director, Bureau of Prisons, et al, U.S. 9th Circuit Court of Appeals, April 09, 2010, No. 08-15969 The U...

Terms of ?last chance? agreement in lieu of termination included a valid waiver of the right to arbitrate or litigate his subsequent termination

Posted on April 13, 2010
Terms of ?last chance? agreement in lieu of termination included a valid waiver of the right to arbitrate or litigate his subsequent terminationMatter of James Schmitt v New York State Dept. of Correctional Services, 47 A.D.3d 1098, Motion for leave to appeal denied, 10 N...

Disciplinary arbitration findings affect unemployment insurance claims

Posted on April 13, 2010
Disciplinary arbitration findings affect unemployment insurance claimsEdie v NYC Transit Authority, App. Div., 253 A.D.2d 952As Santiago J. Edie learned, if an employee is found guilty of misconduct in a disciplinary arbitration, he or she will be disqualified for unemployment insurance benefits on the basis of that finding under the doctrine of collateral estoppel -- the decision in a prior action is conclusive if the same issue is subsequently presented to a second tribunal...

Firefighter demoted after being found to have engaged in an extramarital affair with a subordinate

Posted on April 12, 2010
Firefighter demoted after being found to have engaged in an extramarital affair with a subordinateStarling v Bd. Of City Commissioner, USCA, 11th Circuit, #09-11168Randolph Starling, a Palm Beach County firefighter, sued the County Commission pursuant to 42 U...

Placement on Section 72 leave

Posted on April 12, 2010
Placement on Section 72 leavePetix v NYS Off. of Mental Health, 291 A.D.2d 846The Petix decision, a case involving the application of Section 72.5 of the Civil Service Law [CSL], provides an opportunity to explore this and a number of other facets of Section 72, Leave for Ordinary Disability...

Conducting a private business while ?off-duty? without obtaining required approval

Posted on April 12, 2010
Conducting a private business while ?off-duty? without obtaining required approvalCook v Von Essen, App. Div., First Dept., 283 A.D.2d 214Sometimes a public employee will operate a private business "on the side." Many public employers require the individual to obtain the prior approval of his or her appointing authority in order to conduct such activities...

District violated teacher?s free speech rights by prohibiting him from displaying classroom banners with religious references

Posted on April 12, 2010
District violated teacher?s free speech rights by prohibiting him from displaying classroom banners with religious referencesSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2010, Mitchell H...

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