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.

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

Reduction of an employees? hours and compensation not always equal to the abolishment of a position for the purposes of §80 of the Civil Service Law

Posted on February 02, 2011
Reduction of an employees? hours and compensation not always equal to the abolishment of a position for the purposes of §80 of the Civil Service LawMatter of Schoonmaker v Capital Region Bd. of Coop. Educ. Servs., 2011 NY Slip Op 00142, Appellate Division, Third DepartmentKaren Schoonmaker was employed full time as a Senior Keyboard Specialist by Capital Region Board of Cooperative Educational Services (BOCES)...

Stress resulting from a lawful personnel action, including discipline, is not a compensable injury within the meaning of the Workers? Compensation Law

Posted on February 02, 2011
Stress resulting from a lawful personnel action, including discipline, is not a compensable injury within the meaning of the Workers? Compensation LawMatter of Witkowich v SUNY Alfred State Coll. of Ceramics, 2011 NY Slip Op 00454, Appellate Division, Third DepartmentThree months after Kenneth Witkowich began serving as the Chief of University Police for Alfred State College he was terminated...

Passing an examination does not give an eligible a right to demand that he or she be appointed from the eligible list

Posted on February 02, 2011
Passing an examination does not give an eligible a right to demand that he or she be appointed from the eligible listPaolini v Nassau County, Supreme Court, Justice Winick, [Not selected for publication in the Official Reports]The fact that an individual passes an examination does not give him or her any right to demand that he or she be appointed from the eligible list...

New York State Bar Association proposes State and Local Government Ethics Reform

Posted on February 02, 2011
New York State Bar Association proposes State and Local Government Ethics ReformSource: New York State Bar AssociationOn January 3, 2011 the New York State Bar Association? House of Delegates approved ethics recommendation proposed by its Ethics Task Force co-chaired by Patricia E...

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When seeking relief in the nature of mandamus, the individual must make the demand and await the agency?s refusal before filing an Article 78 petition

Posted on February 01, 2011
When seeking relief in the nature of mandamus, the individual must make the demand and await the agency?s refusal before filing an Article 78 petitionDonoghue v New York City Dept. of Educ., 2011 NY Slip Op 00425, Appellate Division, First DepartmentDismissing an Article 78 petition seeking one form of relief does not necessarily mean that that portion of the petition seeking other relief must be dismissed as well...

Firefighter?s status as an employee determines that Workers? Compensation Law rather than Volunteer Firefighters? Benefits Law benefits are to be paid

Posted on February 01, 2011
Firefighter?s status as an employee determines that Workers? Compensation Law rather than Volunteer Firefighters? Benefits Law benefits are to be paidMatter of Falkouski v City of Rensselaer Fire Dept., 2011 NY Slip Op 00446, Appellate Division, Third DepartmentA City of Rensselaer part-time paid assistant fire chief also served as a member of a City of Rensselaer volunteer fire company...

The State Commissioner of Education lacks jurisdiction to consider an appeal involving the non-renewal of the charter of a Charter School

Posted on February 01, 2011
The State Commissioner of Education lacks jurisdiction to consider an appeal involving the non-renewal of the charter of a Charter SchoolAppeal of Ross Global Academy Charter School regarding the nonrenewal of its charter. Decisions of the Commissioner of Education, Decision #16,194The New York City Chancellor of Education, as a charter entity pursuant to Education Law §2851(3)(a), entered into a proposed charter agreement with Ross Global Academy Charter School [RGACS] for the operation of a charter school for five years...

Family Medical Leave Act and the Doctrine of Eleventh Amendment Immunity

Posted on February 01, 2011
Family Medical Leave Act and the Doctrine of Eleventh Amendment ImmunityLambert v NYS Office of Mental Health, USDC, EDNY, Judge Gleeson, 97-CV-1347 Efforts by state employees to challenge alleged violations of federal civil rights and other laws have be rejected by federal courts under the doctrine of Eleventh Amendment Immunity...

Limiting the selection of arbitrators

Posted on February 01, 2011
Limiting the selection of arbitratorsSuffolk County PBA v Suffolk County, 273 AD2d 222Suffolk County adopted a resolution [Resolution 377-1998] barring arbitrators who have served in labor disputes involving Nassau County within the preceding three years to serve in disputes under collective bargaining agreements voluntarily submitted to arbitration or in binding arbitration...

State Comptroller DiNapoli proposes legislation providing for the forfeiture of pension benefits of members guilty of ?Abuse of Public Trust?

Posted on January 31, 2011
State Comptroller DiNapoli proposes legislation providing for the forfeiture of pension benefits of members guilty of ?Abuse of Public Trust?Source: Office of the State ComptrollerState Comptroller Thomas P. DiNapoli has proposed the introduction of legislation providing for the forfeiture of pension benefits* if certain members of the System are found guilty of committing a felony related to the performance of their official duties...

Employee?s termination after hearing held in absentia annulled for failure to prove the employee was notified of the time and place of the hearing

Posted on January 31, 2011
Employee?s termination after hearing held in absentia annulled for failure to prove the employee was notified of the time and place of the hearingMatter of Toolasprashad v Kelly, 2011 NY Slip Op 00419, Appellate Division, First DepartmentThe Toolasprashad decision demonstrates that evidence that the accused individual was properly served with the notice a scheduled disciplinary hearing may become a critical element in the proceeding...

Constitutionally protected speech

Posted on January 31, 2011
Constitutionally protected speechBradley v. James USCA, 8th Circuit, 2007 U.S. App. Lexis 4781In the course of an official investigation of an incident involving students in possession of firearms, Arch Bradley, a police captain, alleged that his chief of police chief, Larry James, was intoxicated while on duty at the time of the incident...

The Doctrine of Nullification claimed as authority to obviated recent federal health care legislation

Posted on January 28, 2011
The Doctrine of Nullification claimed as authority to obviated recent federal health care legislationState lawmakers in Alabama, Idaho, Kansas, Maine, Missouri, Montana, Oregon, Nebraska, Texas and Wyoming are considering adopting legislation to avoid the federal government?s efforts to ?overhaul health care? pursuant to the so-called Doctrine of Nullification...

Illinois Supreme Court rules that Rahm Emanuel a "resident" for the purpose of running for mayor of Chicago

Posted on January 28, 2011
Illinois Supreme Court rules that Rahm Emanuel a "resident" for the purpose of running for mayor of ChicagoWalter P. Maksym Et Al. , Appellees, v The Board of Election Commissioners of the City of Chicago, Supreme Court of the State of Illinois, Docket No...

California?s Supreme Court confirms longstanding California rule concerning employee layoffs

Posted on January 28, 2011
California?s Supreme Court confirms longstanding California rule concerning employee layoffs IAFF, Local 188 vs. Public Employment Relations Board [City of Richmond (Real Party in Interest),] California Supreme Court No. S172377Source: Meyers Nave PLC...

Extending the probationary periodSubway-Surface

Posted on January 27, 2011
Extending the probationary periodSubway-Surface Supervisors Assn. v New York City Tr. Auth., 2010 NY Slip Op 52339(U), Supreme Court, New York County, Judge Saliann Scarpulla, [Not selected for publication in the Official Reports.]Subway-Surface Supervisors Association brought an action seeking to have the court void ?stipulations of settlement? between the Association and the Authority...

Negligent hiring and retention of an employee

Posted on January 27, 2011
Negligent hiring and retention of an employeeAnonymous v Dobbs Ferry UFSD, 290 AD2d 464In the Dobbs Ferry case, New York State Supreme Court Justice Donovan considered a number of important issues, including allegations that the district, and its school superintendent and a middle school principal [?the district?], were guilty of negligent hiring and retention of Steven Nowicki as a teacher...

Individuals performing services for a public employer may be designated "non-employees" by statute

Posted on January 27, 2011
Individuals performing services for a public employer may be designated "non-employees" by statute Levitt v NYC Office of Collective Bargaining, 273 AD2d 104For the purposes of collective bargaining Article 14 of the Civil Service Law -- the Taylor Law -- applies to all individuals in the services of a public employer except judges, individuals in the military service and public employees designated managerial or confidential...

Ability to perform ?light duty? defeats accidental disability retirement claim

Posted on January 27, 2011
Ability to perform ?light duty? defeats accidental disability retirement claimMatter of Roache v Hevesi, 38 AD3d 1036Jerome J. Roache, a police officer, suffered a fracture of his left knee in an accident. He later returned to work in various restricted-duty positions, the most recent of which was as a property clerk...

The legal distinction between domicile and resident may be critical to running for public office in Illinois

Posted on January 26, 2011
The legal distinction between domicile and resident may be critical to running for public office in IllinoisMaksym v Board of Election Commissioners, appeal from 2010 COEL 020, #1-1-0033Rahm Emanuel?s claim that he is eligible to run for the office of Mayor for the City of Chicago will be considered by the Illinois State Supreme Court shortly...

Civil Service Commission?s disqualification of candidate for failure to cooperate in a background investigation for appointment sustained

Posted on January 26, 2011
Civil Service Commission?s disqualification of candidate for failure to cooperate in a background investigation for appointment sustainedMatter of Rodriguez v County of Nassau, 2011 NY Slip Op 00384, Appellate Division, Second DepartmentThe Nassau County Civil Service Commission wrote to Sebastian E...

Employee?s being on medical leave and continuing to receive employee benefits defeats the employee?s claim of constructive termination

Posted on January 26, 2011
Employee?s being on medical leave and continuing to receive employee benefits defeats the employee?s claim of constructive terminationKeehle v Diocese of Syracuse, 2011 NY Slip Op 00145, Appellate Division, Third DepartmentMinnie Keehle was employed by the Diocese of Syracuse and assigned to teach at a school in St...

Routinely assigning employees to perform out-of-title work in non-emergency situations violates Civil Service Law Section 61.2

Posted on January 26, 2011
Routinely assigning employees to perform out-of-title work in non-emergency situations violates Civil Service Law Section 61.2MacRae v Dolce, 273 AD2d 389; motion for leave to appeal denied: 95 NY2d 765Duncan MacRae, in his capacity as president of the City of White Plains firefighters union, challenged the Fire Department?s policy of routinely ...

Petitioner has the burden of proving that his or her probationary termination was made in bad faith

Posted on January 26, 2011
Petitioner has the burden of proving that his or her probationary termination was made in bad faithNegron v Jackson, 273 AD2d 241The New York State Department of Motor Vehicles terminated Pedro Negron during his probationary period. Negro objected but his appeal was rejected by the Appellate Division, Second Department...

Ability to perform ?light duty? defeats accidental disability retirement claim

Posted on January 26, 2011
Ability to perform ?light duty? defeats accidental disability retirement claimMatter of Roache v Hevesi, 38 AD3d 1036Jerome J. Roache, a police officer, suffered a fracture of his left knee in an accident. He later returned to work in various restricted-duty positions, the most recent of which was as a property clerk...

Members of the NYSERS experiencing "discontinued service? [layoff] may be eligible for certain retirement benefits

Posted on January 25, 2011
Members of the NYSERS experiencing "discontinued service? [layoff] may be eligible for certain retirement benefitsRetirement and Social Security Law §73.bConsidering the various statements suggesting a potential for a significant number of State an municipal employees being laid off appearing in the press, it may be timely to consider the benefits available to members of the New York State Employees' Retirement System pursuant to §73...

Continuing wrong theory to excuse an untimely appeal to the Commissioner of Education rejected

Posted on January 25, 2011
Continuing wrong theory to excuse an untimely appeal to the Commissioner of Education rejectedMichael P. Thomas and the New York City Department of Education, Decision No. 16,193Michael P. Thomas, a tenured teacher employed by the New York City Department of Education, objected to the placement of certain documents in his personnel file...

Providing legal representation to public officers and employees being sued

Posted on January 25, 2011
Providing legal representation to public officers and employees being suedVitucci v City of New York, 272 AD2d 620A New York City employee, Jacqueline Vitucci, was named as a defendant in a federal lawsuit. He asked Corporation Counsel to defend him in accordance with Section 50-k of the General Municipal Law...

Retirees claim they were mislead by union concerning accepting a retirement incentive

Posted on January 25, 2011
Retirees claim they were mislead by union concerning accepting a retirement incentiveDolce v Bayport-Blue Point UFSD, 286 AD2d 316A number of school districts have negotiated retirement incentive provisions in the course of collective bargaining. Sometimes hindsight causes an individual to regret his or her decision to accept or reject the opportunity...

Designation of a representative in writing found critical to making a lawful determination

Posted on January 24, 2011
Designation of a representative in writing found critical to making a lawful determinationMatter of Richards v City of Binghamton, 2011 NY Slip Op 00306, Appellate Division, Third DepartmentJames Richards, a City of Binghamton firefighter, was receiving benefits pursuant to General Municipal Law §207-a as a result of his suffering a job-related disability...

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