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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

Audits of New York state and local government agencies released during the week ending September 10, 2020

Posted on September 12, 2020
New York State Comptroller Thomas P. DiNapoli announced the following audits have been issued during the week ending September 10, 2020. Click on the text highlighted in color to access the complete report. State Departments and Agencies: Department of Health (DOH): Improper Medicaid Payments for Recipients Diagnosed With Severe Malnutrition (Follow-Up) (2020-F-9) An audit issued in 2019 identified $416,237 in Medicaid overpayments on inpatient claims that contained a severe malnutrition diagnosis that the medical records did not appear to support...

Former municipal official found guilt of " Corrupting the Government in the First Degree"

Posted on September 11, 2020
On September 10, 2020, New York State Attorney General Letitia James and New York State Comptroller Thomas P. DiNapoli announced the sentencing of the former City of Mount Vernon Corporation Counsel Lawrence Porcari for abusing his position as a public official to engage in a scheme that defrauded the Mount Vernon Board of Water Supply of more than $300,000 to pay the personal legal expenses of the former Mount Vernon Mayor Richard Thomas and a public relations firm...

Filing a demand for arbitration of a dispute held controlled by the terms and conditions set out in the relevant collective bargaining agreement

Posted on September 10, 2020
One of the issues presented in this appeal concerned a demand for arbitration by the aggrieved party [Petitioner] in response to a claim seeking the payment of a $1,111,124 "withdrawal liability" following Petitioner's withdrawal from a pension fund...

New York State launches a "Dashboard" providing real-time tracking of COVID-19 infections and testing operations of every New York State school and school district

Posted on September 09, 2020
On September 8, 2020, New York State's Governor Andrew M. Cuomo announced the launching of New York State's "COVID-19 Report Card",* an Internet Web Site which will track real-time COVID-19 infections and testing operations of every New York school and school district...

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New York State Governor Andrew M. Cuomo signs law to protect public officers and employees in New York State in the event of another COVID-19 type of health emergency.

Posted on September 08, 2020
Governor Andrew M. Cuomo announced that he signed a new law* that will protect State officers, employees and officers and employees of political subdivisions of the State and school district personnel in the event of another COVID-19 type of health emergency...

Free speech limitations on public employees

Posted on April 01, 2011
Free speech limitations on public employees Wasson v Sonoma Co. Jr. Coll., 204 F.3d 659 A public employee may claim that he or she was disciplined as a result of his or her exercising his or her constitutionally protected right of free speech. This was Sonoma County Junior College instructor Sylvia J...

The approval of a leave of absence by individual not authorized to approve such leave is invalid

Posted on April 01, 2011
The approval of a leave of absence by individual not authorized to approve such leave is invalid Renaud v City of New York, 269 AD2d 283 From time to time an individual is absent from work without approval ? AWOL. What happens if the individual is absent after receiving approval to go on leave but the individual approving the leave is not authorized to grant such approval? This was an issue in the Renaud case...

Considering the value of toxicology reports in random drug tests

Posted on April 01, 2011
Considering the value of toxicology reports in random drug tests Seeley v New York City, 269 AD2d 205 Are uncertified toxicology reports indicating positive drug test results sufficient to support a decision to terminate an employee? This was the issue presented by Clarice E...

Discipline or constructive criticism?

Posted on March 31, 2011
Discipline or constructive criticism? Source: E-mail received by NYPPL referencing an item posted on the Internet at http://auburnpub.com/news/local/article_0a5c06e8-5a78-11e0-95ff-001cc4c03286.html Suspended Jordan-Elbridge School District principal David Zehner and his attorneys, citing the Education Law and the Public Officer Law, contend that Zehner cannot be ?reprimanded? until a hearing officer is selected to hear any charges filed against him pursuant to �3020-a of the Education Law and he is found guilty of those charges...

Dissatisfaction with a new job assignment

Posted on March 31, 2011
Dissatisfaction with a new job assignment Matter of Gaines and the NYC Transit Authority [Commissioner of Labor], Appellate Division, 37 AD3d 962 Shawn A. Gaines was disqualified from receiving unemployment insurance benefits after the Unemployment Insurance Board found that he had voluntarily left his employment without good cause...

Interpreting contract language

Posted on March 31, 2011
Interpreting contract language Local 589 v Cuevas, 271 AD2d 535 Using clear and unambiguous language in a collective bargaining agreement makes it easier for a court to resolve the meaning of a Taylor Law contract provision. In the Local 589 case, the union attempted to convince the court that PERB had misinterpreted the provisions set out in a collective bargaining agreement when it declined to accept jurisdiction over an improper practice charge filed by the Local...

Smoke breaks ruled off-duty activity

Posted on March 31, 2011
Smoke breaks ruled off-duty activity Eckerson v State and Local Retirement Systems, 270 AD2d 705, motion for leave to appeal denied, 95 NY2d 756 Significant accidental disability retirement benefits are available to members of the New York State and Local Retirement Systems [ERS] who are disabled as the result of an accident incurred in performing official duties...

Failure to give preclusive effect to a criminal conviction in an administrative disciplinary action involving the same incident reversible error

Posted on March 30, 2011
Failure to give preclusive effect to a criminal conviction in an administrative disciplinary action involving the same incident reversible error Matter of Social Servs. Employees Union, Local 371 v City of New York, Dept. of Juvenile Justice, 2011 NY Slip Op 02455, Appellate Division, First Department Judge Alice Schlesinger confirmed an arbitration award reinstating Bowana Robinson to his position as an institutional aide at the City of New York's Department of Juvenile Justice...

Refusing a light duty assignment may affect eligibility for other benefits

Posted on March 30, 2011
Refusing a light duty assignment may affect eligibility for other benefitsPeluso v Fairview Fire District, 269 AD2d 623 One factor to consider in cases involving claims resulting from job related injuries or disease: the impact of refusing to accept a light duty assignment with respect to other benefits that might be available to a disabled worker...

Disclosure of the terms of settlement agreements pursuant to a FOIL demand

Posted on March 30, 2011
Disclosure of the terms of settlement agreements pursuant to a FOIL demand Hansen v Wallkill, App. Div., 2d Department, 270 AD2d 390 Sometimes an individual and an employer decides to terminate the individual?s employment or settle a disciplinary action in accordance with agreed upon terms and conditions...

The three most popular Administrative LawBlogs "for all times"

Posted on March 29, 2011
The three most popular Administrative LawBlogs "for all times"Justia, which follows 5,791"Blawgs" in 75 subcategories, reports that the three most popular Law Blogs addressing Administrative Law issues "for all times" are: New York Public Personnel Law http://publicpersonnellaw...

Employee suspended without pay for eight days after being found guilty of refusing to immediately comply with supervisor?s instruction

Posted on March 29, 2011
Employee suspended without pay for eight days after being found guilty of refusing to immediately comply with supervisor?s instructionNYC Dept. of Transportation v Solli, OATH Index #2888/10 .OATH Administrative Law Judge Kara Miller recommended dismissal of charges brought against a New York City Department of Transportation employee...

Extending a promotion eligible list following wrongful disqualification

Posted on March 29, 2011
Extending a promotion eligible list following wrongful disqualificationMatter of Carozza v City of New York, 37 AD3d 247Brigitte Carozza won her lawsuit contending that she and her co-plaintiffs had been ?wrongfully disqualified retroactively from consideration for promotion by reason of having just been placed in new job titles? (see Matter of Carozza v City of New York, 10 AD3d 488 [2004])...

Scope of arbitrating an alleged violation of a collective bargaining agreement

Posted on March 29, 2011
Scope of arbitrating an alleged violation of a collective bargaining agreementRichfield Springs CSD v Allen, 270 AD2d 734Changes in health insurance benefits may be initiated by a third party that actually provides the benefit. Does an employee organization have any right to challenge a unilateral change in the health insurance plan made by the third party?This was the major issue in Richfield Springs, a case that essentially explores the issue of the scope of arbitration under a Taylor Law agreement...

Liquidation of sick leave benefits upon retirement

Posted on March 29, 2011
Liquidation of sick leave benefits upon retirementO?Brien v Deer Park UFSD, USDC, EDNY, 127 F. Supp.2d 342Federal District Court Judge Denis R. Hurley ruled that paying teachers who retire after age 55 less for their unused sick leave than that paid to teachers who retire before attaining age 56 as provided by the terms of an agreement negotiated pursuant to the Taylor Law violated the federal Age Discrimination in Employment Act [ADEA] and the Older Workers? Benefit Protection Act [OWBPA]...

Applicant denied unemployment insurance benefits after being terminated for sexual harassment after a disciplinary hearing

Posted on March 28, 2011
Applicant denied unemployment insurance benefits after being terminated for sexual harassment after a disciplinary hearingMatter of Nwaozor v City of New York, 2011 NY Slip Op 02098, Appellate Division, Third Department Pius C. Nwaozor, a supervisor for the Department of Homeless Services, was served with disciplinary charges alleging sexual harassment involving a client of the agency...

Certifying the preferred list to fill a vacancy

Posted on March 28, 2011
Certifying the preferred list to fill a vacancy Castle v Putnam-Westchester BOCES, 269 AD2d 394Section 3013 of the Education Law deals with layoff upon the abolishment of a position by a school district or a BOCES.The statute provides, in pertinent part, for the reinstatement of a person who has been laid off ?to an office or position similar to the one, which such person filled without reduction in salary or increment...

Vacating an arbitration award

Posted on March 28, 2011
Vacating an arbitration award Westchester County v CSEA Local 869, 270 AD2d 348, leave to appeal denied, 95 NY2d 755It is unusual for an arbitration award to be vacated by a court, given the limited reasons for vacating such an award set out in Article 75 of the Civil Practice Law and Rules...

All Correction Law �753 factors must be considered before disqualifying an applicant because of his or her conviction of a crime

Posted on March 25, 2011
All Correction Law �753 factors must be considered before disqualifying an applicant because of his or her conviction of a crimeMatter of Acosta v New York City Dept. of Educ., 2011 NY Slip Op 02073, Court of AppealsIn this decision the Court of Appeals explains that where a prospective employer rejects an applicant for employment because of that individual?s conviction of a crime, Correction Law �753 requires that the employer must determine that the conviction is relevant to the duties of the position or poses an unreasonable danger to clients, co-workers or the public...

Evidence - "Because I said so" isn't enough

Posted on March 25, 2011
Evidence - "Because I said so" isn't enoughSource: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2011, All rights reserved http://lawprofessors.typepad.com/adminlaw/One of the more frequent causes of court appeals of administrative decisions arises from the tendency of administrative decision makers to make decisions based on their experience and gut feelings rather than objective evidence...

Terminating of a tenured public officer without an administrative hearing

Posted on March 25, 2011
Terminating of a tenured public officer without an administrative hearingPirozzi v Safir, App. Div., First Department, 270 AD2d 2, motion for leave to appeal denied, 95 NY2d 756New York City police officer John Pirozzi was terminated from his position without a hearing after he was convicted of a crime he committed in the line of duty and that the appointing authority deemed constituted a violation of Pirozzi?s oath of office...

Refusal to accept shift reassignment results in employee's dismissal for "unauthorized absence"

Posted on March 25, 2011
Refusal to accept shift reassignment results in employee's dismissal for "unauthorized absence"Kennedy v City of New York, 270 AD2d 93The Kennedy decision demonstrates the importance of the following the principle ?obey now; grieve later.?* In Kennedy?s case, her failure to honor that principle led to a disastrous results...

Arbitrator?s award based on a finding of ?past practice? did not modify the collective bargaining agreement between the parties

Posted on March 24, 2011
Arbitrator?s award based on a finding of ?past practice? did not modify the collective bargaining agreement between the partiesMatter of Romaine v New York City Tr. Auth., 2011 NY Slip Op 02015, Appellate Division, Second DepartmentThe Appellate Division affirmed a Supreme Court decision confirming an arbitration award, noting that ?An arbitration award rendered after a consensual arbitration may be vacated by a court only on the grounds set forth in CPLR 7511(b)...

Employee found guilty of providing sensitive information about a narcotics investigation dismissed from her position with the police department

Posted on March 24, 2011
Employee found guilty of providing sensitive information about a narcotics investigation dismissed from her position with the police departmentMatter of Villar v Kelly, 2011 NY Slip Op 02058, Appellate Division, First DepartmentThe New York City Commissioner of Police dismissed Maria Villar from her position after finding that she had ?wrongfully discussed and divulged official department business? involving sensitive information concerning an investigation...

Legislative immunity bars unlawful discrimination lawsuit

Posted on March 24, 2011
Legislative immunity bars unlawful discrimination lawsuitAlmonte v. City of Long Beach, 478 F. 3d 10In a civil rights and wrongful discharge case based on the members of the City of Long Beach?s city council voting to eliminate the funding for a number of positions, a federal district court rejected Long Beach?s motion to dismiss the complaint...

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