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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 Recent Entries: 3029
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Attorney determined to be an independent contractor and not an employee of the agency
Posted on December 23, 2008Attorney determined to be an independent contractor and not an employee of the agency Source: Press release ? Office of the State ComptrollerThe Olympic Regional Development Authority incorrectly reported its general counsel, John Cansdale, as an employee to the New York State and Local Retirement System when Cansdale actually was serving as an independent contractor, according to an audit released on December 22, 2008 by State Comptroller Thomas P...
Police chief captain wins judgment in officers' suit over video camera installed in locker room
Posted on December 22, 2008strongPolice chief captain wins judgment in officers' suit over video camera installed in locker room/strongbr /Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved a href="http://lawprofessors...
Cases and items concerning equal employment opportunity
Posted on December 22, 2008p style="MARGIN: 0in 0in 0pt"strongCases and items concerning equal employment opportunity/strongstrongspan style="color:red;"?xml:namespace prefix = o /o:p/o:p/span/strong/pp class="MsoNormal"strongspan style="color:red;"Source: EEO/iNews ? /span/strongbiuspan style="color:red;"iNews Related to Equal Employment Opportunity, /span/u/istrongspan style="color:red;"© 2008 John D...
New York State?s 2009-2010 Executive Budget proposals ?on-line.?
Posted on December 19, 2008span style="FONT-WEIGHT: bold"New York State?s 2009-2010 Executive Budget proposals ?on-line.?br //spanp/pp class="MsoNormal" style="FONT-WEIGHT: bold; COLOR: rgb(204,0,0)"The following are the web sites for selected material set out in Governor Paterson's 2009-2010 Executive Budget Briefing Book/pp class="MsoNormal"span style="FONT-WEIGHT: bold; COLOR: rgb(204,0,0)"The State?s workforce:/span?xml:namespace prefix = o /o:p/o:pa href="http://publications...
New income tax withholding requirements by state and local governments to begin effective January 1, 2011
Posted on December 19, 2008strongNew income tax withholding requirements by state and local governments to begin effective January 1, 2011br /span style="color:#ff0000;"Source:/span/strong The IRS January 2009 Edition of the Federal State and Local Government Newsletter [Pages 4-7]br /br /Section 3402(t) of the Internal Revenue Code requires Federal, state, and local government entities to withhold 3 percent from its payments for property or services; deposit the withholding with the IRS; and report the payments and the withholding to the IRS and to the payees...
Attorney-client privilege defeats motion to depose attorney
Posted on December 19, 2008strongAttorney-client privilege defeats motion to depose attorneybr //strongClark v Schuylerville Cent. School District, 2008 NY Slip Op 09685, Decided on December 11, 2008, Appellate Division, Third Departmentbr /br /Linda 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...
Refusal to provide documents requested by union
Posted on December 19, 2008strongRefusal to provide documents requested by unionbr //strongHampton Bays Teachers' Association, NYSUT, AFT, AFL-CIO and Hampton Bays Union Free School District, U-26980br /a href="http://www.perb.state.ny.us/decarc.asp"[Source: PERB?s Recent Decisions posting on the Internet] /abr /br /The Board affirmed the decision of the ALJ finding that the District violated §§209a...
Not every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowance
Posted on December 18, 2008strongNot every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowancebr //strongMatter of Kenny v DiNapoli, 2008 NY Slip Op 09857, Decided on December 17, 2008, Court of Appealsbr /br /Paul G...
Evidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such action
Posted on December 18, 2008strongEvidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such action/strongbr /Batyreva v New York City Dept. of Education, 2008 NY Slip Op 09841, Decided on December 16, 2008, Appellate Division, First Departmentbr /br /Olga Batyreva alleges that she was assigned to grade a Regents examination and while doing so, observed other teachers improperly grading the exam with No...
Union?s demand for all documents, including without limitation, any memoranda between any of the employer?s agents overbroad
Posted on December 18, 2008strongUnion?s demand for all documents, including without limitation, any memoranda between any of the employer?s agents overbroad/strongbr /District Council 37, AFSCME, Local 1070 and State Of New York - Unified Court System, U-27031br /[Source: PERB?s Recent Decisions posting on the Internet]br /br /The Board affirmed the ALJ's decision that the Unified Court System [UCS] violated §§209a...
Exception to seeking competitive bids for good and services
Posted on December 17, 2008Exception to seeking competitive bids for good and servicesbr /Omni Recycling of Westbury, Inc. v Town of Oyster Bay, 2008 NY Slip Op 09850, Decided on December 16, 2008, Court of Appealsbr /br /Typically a political subdivision of the State will solicit competitive bids for goods and services...
Recovery of leave accruals and holiday pay
Posted on December 17, 2008strongRecovery of leave accruals and holiday pay/strongbr /Sullivan County Patrolman's Benevolent Association, Inc. and County of Sullivan and Sullivan County Sheriff, U-26725br /a href="http://www.perb.state.ny.us/decarc.asp"[Source: PERB?s Recent Decisions posting on the Internet]/abr /br /The Board affirmed the decision of the ALJ finding that the County violated the Act by unilaterally implementing a system for the recovery of leave accruals and holiday pay which a unit employee allegedly owed to the County and by deducting vacation, sick leave and personal leave from the employee's leave accrual...
Husband discharged for wife's performance suffered marital status discrimination
Posted on December 17, 2008strongHusband discharged for wife's performance suffered marital status discriminationbr //strongSource: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved a href="http://lawprofessors...
Northeast's ice storm interrupts
Posted on December 15, 2008Northeast's ice storm interrupts NYPPL postingsNYPPL's postings of case summaries has been interrupted as a result of the loss of access to its computers and servers due to the loss of electric power in the Northeast.Postings will resume as soon as electric power is restored.
Cases and items related to equal employment opportunity
Posted on December 15, 2008Cases and items related to equal employment opportunityD. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr. Sargent at eeoinews@yahoo.comEEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...
A subpoena issued by an attorney does not automatically implicate ?state action? for the purposes of jurisdiction pursuant to 42 U.S.C. §1983
Posted on December 15, 2008A subpoena issued by an attorney does not automatically implicate ?state action? for the purposes of jurisdiction pursuant to 42 U.S.C. §1983Broadley v Hardman, US Court of Appeals, First Circuit, No. 08-1342Edmund F. Broadley, III, sued William A. Hardman, III, alleging that Hardman interfered with his legal representation and abuse of the deposition process in violation of 42 USC §1983...
Random drug testing of teachers
Posted on December 15, 2008Random drug testing of teachersSource: National Law Journal ArticleEducators are challenging new policies being adopted by school districts requiring them to submit to random drug tests for illegal drugs.Pending cases include Jones v Graham County [North Carolina] Board of Education [COA 08-477]; American Federation of Teachers v Kanawah County [West Virginia] Board of Education [08-Misc 421]; and Hawaii State Teachers Association and Hawaii Labor Relations Board [08-1-2277-11]...
Law research resource
Posted on December 12, 2008Law research resourceReaders of NYPPL may be interested in reviewing the offerings of The Public Library of Law at http://www.plol.org/Pages/Search.aspx [Also listed in NYPPL?s sidebar ?Links to other useful web pages.The Public Library of Law offers access to Federal and State court decisions as well as statutes, regulations, court rules, constitutions and legal forms...
Legislative approval of grievances settlement that do not change the terms and conditions of controlling Taylor Law contract is not required
Posted on December 12, 2008Legislative approval of grievances settlement that do not change the terms and conditions of controlling Taylor Law contract is not requiredPatrolmen's Benevolent Assn. of City of Long Beach, Inc. v City of Long Beach, 2008 NY Slip Op 09573, Decided on December 2, 2008, Appellate Division, Second DepartmentThis litigation involved efforts by the Patrolmen's Benevolent Association [PBA] to enforce three stipulations executed by the parties in settlement of three grievances initiated by the PBA pursuant to the terms of its collective bargaining agreement with the City of Long Beach...
Public employees and the First Amendment right to free speech
Posted on December 12, 2008Public employees and the First Amendment right to free speechThomas v City of Blanchard, USCA 10th Circuit, No. 07-6197In considering a public employee?s claim that his or her First Amendment right to free speech has been compromised by his or her public employer, courts distinguish between the employee?s speech in terms of the vindication of a personal interest and the vindication of a public interest...
Teacher terminated for voluntary relationship with former student
Posted on December 12, 2008Teacher terminated for voluntary relationship with former student Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...
Retirement membership and service credit for ineligible attorneys rescinded
Posted on December 11, 2008Retirement membership and service credit for ineligible attorneys rescindedSource: Press Release, Office of the State Comptroller December 11, 2008State Comptroller Thomas P. DiNapoli announced that his office revoked the New York State and Local Retirement System memberships of one Long Island attorney and rescinded service credit of four additional attorneys because they were erroneously reported as employees by school districts, boards of educational cooperative services, special districts and municipalities...
Characterizing a complaint as a violation of civil service rules does not avoid having to seek relief pursuant to the contract grievance procedure
Posted on December 11, 2008Characterizing a complaint as a violation of civil service rules does not avoid having to seek relief pursuant to the contract grievance procedureMontgomery County Deputy Sheriff's Assn., Inc. v County of Montgomery, 2008 NY Slip Op 09519, Decided on December 4, 2008, Appellate Division, Third DepartmentCathy Anderson and Grace De Waal Malefyt each worked for a period of time in the title of "part-time" correction officer in Montgomery County...
Employer has the burden of proof that a disability prevents the employee from reasonably performing the functions and duties of the position
Posted on December 11, 2008Employer has the burden of proof that a disability prevents the employee from reasonably performing the functions and duties of the positionMatter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 2008 NY Slip Op 09517, Decided on December 4, 2008, Appellate Division, ThirdNew York State Correction Officer Edward J...
Changing payroll-payment mode a mandatory subject of collective bargaining
Posted on December 11, 2008Changing payroll-payment mode a mandatory subject of collective bargainingUnited College Employees of Fashion Institute of Technology and Fashion Institute of Technology, PERB U-27057 - [Source: PERB?s Recent Decisions posting on the Internet]The Board affirmed the decision of the ALJ that FIT violated §209a...
Discrimination complaint dismissed because law did not require an accommodation at the time the request for an accommodation was made
Posted on December 10, 2008Discrimination complaint dismissed because law did not require an accommodation at the time the request for an accommodation was made Matter of Rappo v New York State Div. of Human Rights, 2008 NY Slip Op 09447, decided on December 2, 2008, Appellate Division, First DepartmentThe New York State Division of Human Rights dismissed Frances V...
Commission permitted to rely on appointing authority?s medical expert?s opinion where medical experts differ concerning applicant?s medical condition
Posted on December 10, 2008Commission permitted to rely on appointing authority?s medical expert?s opinion where medical experts differ concerning applicant?s medical conditionMatter of Altieri v City of New York Civ. Serv. Commn., 2008 NY Slip Op 09487, decided on December 4, 2008, Appellate Division, First DepartmentAnthony Altieri sued the New York City Civil Service Commission after it disqualified him for appoint to the position of sanitation worker because of Altieri?s cardiac conditionThe Appellate Division said that the Commission was entitled to rely on the opinion of the Department of Sanitation's medical director that Altieri's appointment as a sanitation worker would put Altieri ?at serious risk...
The timeliness an unfair practice charge measured from the date on which the party adversely affected learned [or should have known] of the event
Posted on December 10, 2008The timeliness an unfair practice charge measured from the date on which the party adversely affected learned [or should have known] of the eventLevi Mcintyre And Middle Island Administrators Association and Longwood Central School District, ALJ Blassman, U-27349 - [Source: PERB?s Recent Decisions posting on the Internet] A PERB ALJ dismissed a charge alleging that the Association violated of its duty of fair representation §209a...
Application of the federal Hatch Act barring partisan political activities by certain State and municipal employees
Posted on December 09, 2008Application of the federal Hatch Act barring partisan political activities by certain State and municipal employeesJuan Molina-Crespo v United States Merit Systems Protection Board, USCA 6th Circuit, Docket No. 07-3745Juan Molina-Crespo served as the Executive Director of the Lorain County Children and Families First Council (?LCCFFC?), an Ohio government agency that is financed in part by the federal government...
Failure to follow an administrative precedent
Posted on December 09, 2008Failure to follow an administrative precedentSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2008, All rights reserved http://lawprofessors.typepad.com/adminlaw/In her Law of the Land blog, Patty Sobel (Albany) reviews a New York case that demonstrates one of the unwritten rules of administrative law...
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Dumb New York Laws
Stupid Laws in the Empire State
New York Building Codes
Building and constructions laws in New York
Selection of State Supreme Court Judges
How State Court Judges are Selected
Can a probation officer make a decision that involves a medical decision and prohibit a person from leaving a state to get medical help?
well if you could get him to a mental health facility they could screen him for ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...

Can a probation officer make a decision that involves a medical decision and prohibit a person from leaving a state to get medical help?
well if you could get him to a mental health facility they could screen him for ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...








