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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

Right to counsel in a disciplinary action

Posted on January 24, 2011
Right to counsel in a disciplinary actionElmore v Plainview-Old Bethpage CSD, 273 AD2d 307The Plainview-Old Bethpage Central School District filed disciplinary charges against one of its teachers, Edwin Elmore, alleging that Elmore had engaged in inappropriate conduct toward a student...

Appointment and removal of Special Police Officers

Posted on January 24, 2011
Appointment and removal of Special Police OfficersO'Donnell v. Ferguson, App. Div., Fourth Dept., 273 AD2d 905; Motion for leave to appeal denied, 96 NY2d 701*The O?Donnell case sets out some of the relevant law concerning the appointment and removal of special police officers by a town...

Applying for reinstatement following a §73 termination from a §72 disability leave

Posted on January 24, 2011
Applying for reinstatement following a §73 termination from a §72 disability leaveMatter of Coleman v State of New York, Appellate Division, Third Department, 38 AD3d 1044Coleman was involved in an off-duty automobile accident and was placed on disability leave pursuant to §72 of the Civil Service Law...

Unemployment Insurance Appeals Board determines if there is disqualifying misconduct for the purposes of receiving unemployment insurance benefits

Posted on January 21, 2011
Unemployment Insurance Appeals Board determines if there is disqualifying misconduct for the purposes of receiving unemployment insurance benefitsMatter of Green v Village of Hempstead, 2011 NY Slip Op 00137, Appellate Division, Third DepartmentThe Village of Hempstead dismissed Deputy Village Attorney Donna M...

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Failure to meet contract deadlines does not void disciplinary action

Posted on January 21, 2011
Failure to meet contract deadlines does not void disciplinary actionCovino v Kane, 273 AD2d 380, Motion for leave to appeal denied, 96 NY2d 701The significant issue raised in the Covino case concerns the impact of the employer?s failing to meet a contract-specified deadline in issuing a disciplinary determination...

Transfer to a different retirement plan

Posted on January 21, 2011
Transfer to a different retirement planOverton v Southampton, 273 AD2d 242; Motion for leave to appeal denied, 95 NY2d 764In the Overton case, the Appellate Division, Second Department, ruled that if a member of the State Employees? Retirement System transfers from one plan to a different plan, he or she is subject to the relevant provisions of law concerning the plan into which he or she has transferred...

Challenging administrative rulings

Posted on January 21, 2011
Challenging administrative rulingsMalitz v NYC Transit Authority, NYS Supreme Court, Justice Stallman [Not selected for publication in the Official Reports]The Malitz case points out the differences in the standards that are used by the courts when reviewing different types of agency or administrative determinations...

State Comptroller finds that some school districts paid for health benefits for deceased or ineligible retirees and dependents

Posted on January 20, 2011
State Comptroller finds that some school districts paid for health benefits for deceased or ineligible retirees and dependentsSource: Office of the State ComptrollerState Comptroller Thomas P. DiNapoli reports that his auditors found that ten school districts in New York State paid nearly $239,000 for health insurance benefits for deceased or ineligible retirees...

Use of leave credits and the FMLA

Posted on January 20, 2011
Use of leave credits and the FMLARepa v. Roadway Express, Inc. USCA, 7th Circuit, 477 F.3d 938Alice M. Repa complained that her employer, Roadway Express, Inc., required her to use her sick and vacation leave accruals while she was on FMLA leave although she was simultaneously receiving short-term disability benefit ? i...

Failing to appear for an examination trumps non-selection retaliation claim

Posted on January 20, 2011
Failing to appear for an examination trumps non-selection retaliation claimWilliams v City of New York, 38 A.D.3d 238Gina Williams, complained that she was rejected for employment as a correction officer with the New York City Department of Corrections in retaliation for her filing a sexual harassment claim against her employer, the New York City Housing Authority...

Eligibility for unemployment insurance determined by the law in place at the time of the filing of a claim for benefits

Posted on January 20, 2011
Eligibility for unemployment insurance determined by the law in place at the time of the filing of a claim for benefitsDwyer v Commissioner of Labor, 273 A.D.2d 675In June 1997 the Unemployment Insurance Appeals Board ruled that former Orange County Personnel Director Joseph M...

Veteran who served in time of war employed and characterized as an ?independent officer? held not within the ambit of §75 of the Civil Service Law

Posted on January 19, 2011
Veteran who served in time of war employed and characterized as an ?independent officer? held not within the ambit of §75 of the Civil Service LawMatter of DiBattista v Mcdonough, 2011 NY Slip Op 00131, Appellate Division, Third DepartmentAfter the Chief of Police of the Town of Rosendale Chief of Police, Michael DiBattista, was notified by the Town Supervisor, Patrick McDonough, that he had not been reappointed to the position at the annual organizational meeting of the Town Board, DiBattista filed a petition pursuant to CPLR Article 78 seeking a court order reinstating him to the position of Chief of Police with back pay, longevity pay and compensatory time...

Denial of an Article 75 petition to vacate an arbitration award requires that the court confirm the award

Posted on January 19, 2011
Denial of an Article 75 petition to vacate an arbitration award requires that the court confirm the awardMatter of Perilli v New York State Dept. of Correctional Servs., 2011 NY Slip Op 00229, Appellate Division, Second DepartmentJohn Perilli appealed an order of the Supreme Court that denied his Article 75 petition challenging an arbitration award...

Duty to file disciplinary charges

Posted on January 19, 2011
Duty to file disciplinary chargesAnonymous v Nassau County, Supreme Court, Nassau County, Justice Phelan [Not selected for publication in the Official Reports]From time to time the question of whether a public employer acted reasonably when it filed disciplinary charges against an individual is raised in the course of litigation...

General Municipal Law Section 207-c disability benefits forfeited following a change of residence

Posted on January 19, 2011
General Municipal Law Section 207-c disability benefits forfeited following a change of residenceKevin O'Connor Et Al., v Police Commission Of The Town Of Clarkstown et al, 221 AD2d 444Kevin O'Connor, a Town of Clarkstown police officer, was terminated from his position by the Police Commission pursuant to 30...

The ground rules for individual holding two public offices simultaneously

Posted on January 19, 2011
The ground rules for individual holding two public offices simultaneouslyInformal Opinions of the Attorney General, Informal Opinion 2000-9Wondering if an attorney may simultaneously hold two different public offices? The answer: it depends on the situation!The Attorney General recently advised Columbia County Attorney Beth A...

Beware of Face Book

Posted on January 18, 2011
Beware of Face BookSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2011, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

At-will employee?s claims of wrongful termination and defamation rejected by court

Posted on January 18, 2011
At-will employee?s claims of wrongful termination and defamation rejected by courtDiLacio v New York City Dist. Council of United Bhd. of Carpenters & Joiners of Am., 2011 NY Slip Op 00175, Appellate Division, Second DepartmentGeorge DiLacio, Jr., sued the United Brotherhood alleging ?wrongful termination of employment and defamation? when it included the phrase ?severe dereliction of duty? in the letter it sent to him terminating his employment...

Federal Court sustains employer application for employee?s involuntary retirement for disability

Posted on January 18, 2011
Federal Court sustains employer application for employee?s involuntary retirement for disabilityCampbell v City of New York, USDC, SDNYJonathan Campbell, claiming that the City of New York deprived him of liberty and property without due process of law in violation of his Fourteenth Amendment rights and his civil rights under 42 USC 1983 when it found him mentally incapacitated and involuntarily retiring him from his position as a New York City Transit Authority [NYCTA] police officer, sued the City and the New York City Employees? Retirement System...

Reassignment of personnel

Posted on January 18, 2011
Reassignment of personnelAppeal of Scott Rabler, Commissioner?s Decision No. 15,539Scott Rabler appealed his transfer* from his position as a High School Principal to an untitled position ?as a principal performing various administrative duties.? The Commissioner dismissed his appeal, commenting that school administrators may be transferred within their tenure areas without their consent, In contrast, the Commissioner noted that such personnel may not be transferred outside their tenure areas involuntarily...

Criminal conviction and disqualification for public employment

Posted on January 18, 2011
Criminal conviction and disqualification for public employmentRodgers v NYC Human Resources Administration, 546 NYS2d 581The Rogers case involved the termination of a public employee because he allegedly made false statements on his application for public employment...

Not all ?serious medical conditions? are protected by a constitutional right to privacy

Posted on January 14, 2011
Not all ?serious medical conditions? are protected by a constitutional right to privacyMatson v. Board of Education of the School District of City of New York USCA, 2nd Circuit, 09-3773-cvDorrit Matson appealed a judgment by a United States District Court for the Southern District of New York judge dismissing her civil rights action brought under 42 U...

Discharge of older worker, but not younger worker with whom he fought, upheld; discharge due to history of altercations, not age bias

Posted on January 14, 2011
Discharge of older worker, but not younger worker with whom he fought, upheld; discharge due to history of altercations, not age biasSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2011, Mitchell H...

Name clearing hearings

Posted on January 14, 2011
Name clearing hearingsOrtiz v Ward, 546 NY2d 624The Appellate Division, 1st Department, was asked to consider the issue of the right of a probationer discharged after the employer determines that he or she has not satisfactorily completed his or her probationary period to either (1) a "pre-termination hearing" before being discharged or (2) a ?name-clearing hearing" following his or her termination...

Assistant Attorneys General ruled ?policy makers? for the purposes of the First Amendment, Title VII and the ADEA

Posted on January 14, 2011
Assistant Attorneys General ruled ?policy makers? for the purposes of the First Amendment, Title VII and the ADEA Butler v NYS Dept. of Law, CA2, [Appeal from summary judgment in favor of the State, see Butler v. New York State Dep?t of Law, 998 F. Supp...

Make-up examination

Posted on January 14, 2011
Make-up examinationAlves v NYC Dept. of Citywide Administrative Services, Supreme Court, New York County, Justice Weissberg, [Not selected for publication in the Official Reports]The New York City Department of Citywide Administrative Services [DCAS] held the written test for fire lieutenant on Saturday, September 27, 1997...

Representation and indemnification of a public employee being sued

Posted on January 13, 2011
Representation and indemnification of a public employee being suedGanzman v Hess, App. Div., 273 A.D.2d 352Defending a public employee who is being sued as a result of some act or omission in the performance of his or her official duties is an important benefit...

Casual employment of BOCES board member by a school district

Posted on January 13, 2011
Casual employment of BOCES board member by a school districtInformal Opinions of the Attorney General 2007 - 2 According to an Informal Opinion by the Attorney General, Education Law §1950(9) bars a member of a board of a BOCES from being employed as a per diem substitute by a school district that is one of the component school districts served by the BOCES...

Determining eligibility for an accidental disability retirement allowance

Posted on January 13, 2011
Determining eligibility for an accidental disability retirement allowanceMatter of McCabe v Hevesi, 38 A.D.3d 1035Matter of Wise v New York State Comptroller, 38 A.D.3d 1032Matter of Stack v Board of Trustees of the N. Y. City Fire Dept., Art. I-B pension fund, 38 A...

Decisions by the Public Employment Relations Board

Posted on January 13, 2011
Decisions by the Public Employment Relations BoardSummaries of rulingsManagerial positions: Incumbents of positions of Campus-wide Academic Deans at a community college are excluded from the faculty negotiating unit in view of their campus-wide responsibility for supervision and formulating policy notwithstanding the fact that other dean positions such as Dean of Students, Dean of Student Development and Dean of Retention Services are currently in the negotiating unit...

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