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.

Post Frequency: 10.2/day

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

Qualified privilege as a defense in litigation

Posted on March 23, 2010
Qualified privilege as a defense in litigationWerner, et al, v Costella, NYS Supreme Court (Justice Solomon) [not officially reported]Under a legal concept called ?qualified privilege,? public employees are immune from liability for acts or omissions committed while acting properly in the execution of their official duties...

Reconsideration of a disciplinary penalty

Posted on March 23, 2010
Reconsideration of a disciplinary penaltyGillen v. Smithtown Library Bd. of Trustees, App. Div., 254 A.D.2d 486, Affirmed, 94 N.Y.2d 776Thomas G. Gillen was the Director of the Smithtown Library from 1988 until his suspension in 1994, when he was charged with submitting ?documents containing false entries to the Suffolk County Department of Civil Service...

Court review of university decisions concerning the appointment of faculty limited

Posted on March 23, 2010
Court review of university decisions concerning the appointment of faculty limitedPerinpanayagam v University At Buffalo & State Univ. of N. Y., 39 A.D.3d 1220Dr. Hiran Perinpanayagam appealed SUNY at Buffalo?s decision not to renew his appointment as an Assistant Professor in the School of Dental Medicine...

Settlement agreement, and included resignation, contingent on appointing authority?s approval may not be rescinded while approval is pending

Posted on March 22, 2010
Settlement agreement, and included resignation, contingent on appointing authority?s approval may not be rescinded while approval is pendingMatter of Civil Serv. Empls. Assn. Inc., A.F.S.C.M.E., Local 1000, A.F.L.-C.I.O. v Baldwin Union Free School Dist...

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Employee?s application for workers? compensation benefits based an injury suffered during her lunch hour denied as not work related

Posted on March 22, 2010
Matter of Grant v New York City Tr. Auth., 2010 NY Slip Op 02056, Decided on March 18, 2010, Appellate Division, Third Department Marquette L. Grant, a NYC Transit Authority employee, walked across the street from the station to a deli to purchase something to drink...

Termination for ?medical incompetence? based on 219 days of absence in a two-year period

Posted on March 22, 2010
Termination for ?medical incompetence? based on 219 days of absence in a two-year periodDep't of Correction v. Duclet, OATH Index No. 972/09Administrative Law Judge Faye Lewis found that New York City Correction Officer Ruby Duclet had been absent excessively since 2007, reporting sick 219 days during a two year, one month period...

Employees? rights upon the take-over of a BOCES program

Posted on March 22, 2010
Employees? rights upon the take-over of a BOCES programMatter of Valentine, Commissioner?s decision 13977Elizabeth Valentine, a tenured ?general special education teacher,? was at Step 9 of the BOCES salary schedule when the North Tonawanda City School District decided to ?take-back? some of its students and expand its special education program...

Contract grievance procedure held inapplicable in Article 78 disciplinary appeal

Posted on March 22, 2010
Contract grievance procedure held inapplicable in Article 78 disciplinary appealColeman v Town of Eastchester, 39 A.D.3d 855Russell Coleman, a groundskeeper for a municipal golfing facility, was charged with 18 specifications of misconduct, insubordination, and incompetence involving the performance of his work...

Standard of review of a Section 75 decision

Posted on March 22, 2010
Standard of review of a Section 75 decisionPryor v O'Donnell, App. Div., 2nd Dept., 291 A.D.2d 502John R. O'Donnell, Suffolk County's Commissioner of Labor, filed Civil Service Law Section 75 disciplinary charges against Denis M. Pryor alleging Pryor was guilty of insubordination and had abandoned his position...

Violating the terms of a disciplinary probation

Posted on March 22, 2010
Violating the terms of a disciplinary probationDavis v DMNA, App. Div., 3rd Dept., 291 A.D.2d 778Disciplinary action was initiated against Randall Davis by his employer, the New York State Division of Military Affairs and Naval Affairs [DMNA], based on allegations that he was guilty of violating DMNA's Internet policy by visiting inappropriate websites, including pornographic websites and using a State-owned computer for "personal business...

Chronic health problems may not constitute a disability within the meaning of ADA or the State?s Human Rights Law

Posted on March 22, 2010
Chronic health problems may not constitute a disability within the meaning of ADA or the State?s Human Rights LawSirota v NYC Bd. of Ed., App. Div., First Dept., 283 A.D.2d 369The Sirota case points out that a serious, chronic health condition may not necessarily constitute a disability within the meaning of the Americans With Disabilities Act and other civil rights enactments...

Employee?s performing job related ?outside work? ruled a conflict of interest

Posted on March 22, 2010
Employee?s performing job related ?outside work? ruled a conflict of interestReichel v Water Auth., App. Div., 2nd Dept., 283 A.D.2d 475Certain employees of the Suffolk County Water Authority (SCWA) also maintained private businesses that offered plumbing services to homeowners...

Hearing officer recommends dismissal of employee who submitting a false affidavit claiming she was unemployed

Posted on March 19, 2010
Hearing officer recommends dismissal of employee who submitting a false affidavit claiming she was unemployedNYC Human Resources Administration v Johnson, OATH Index #1187/10OATH Administrative Law Judge Kevin Casey recommended that the Human Resources Administration terminate Alyce Johnson, an eligibility specialist employed by New York City, after finding that Johnson had falsified affidavits submitted to the New York City Housing Authority stating that she was unemployed and thereby defrauded the city of over $22,000 in housing benefits...

Receipt of an arbitration award

Posted on March 19, 2010
Receipt of an arbitration award starts the 90-day statute of limitation for an appeal*Matter of McRae v New York City Transit Authority, 39 A.D.3d 861, leave to appeal dismissed, 9 N.Y.3d 945The Appellate Division dismissed Curtis McRae?s petition seeking to vacate an arbitration award dated December 28, 2004 as untimely...

Police officer terminated after conducting a secret investigation in violation of a direct order

Posted on March 19, 2010
Police officer terminated after conducting a secret investigation in violation of a direct orderMatter of Longton v Village of Corinth, 57 AD3d 1273The Village of Corinth Board of Trustees terminated Jason W. Longton, Jr., from his employment as a police officer after he was charged and found guilty of violating various department rules...

Probationary employee dismissed on the basis of reports indicating a potential violation of the employer?s rules

Posted on March 19, 2010
Probationary employee dismissed on the basis of reports indicating a potential violation of the employer?s rulesMatter of Shabazz v New York State Dept. of Correctional Servs., 63 AD3d 1253The Appellate Division affirmed a judgment of the Supreme dismissing a petition filed by Malik Shabazz seeking a review a determination of Correctional Services? terminating his employment...

Reinstatement following termination pursuant to �73 of the Civil Service Law

Posted on March 19, 2010
Reinstatement following termination pursuant to �73 of the Civil Service LawMatter of Hoover v County of Broome, 23 Misc 3d 1134(A) Judge Phillip R. RumseyKeith Hoover sued Broome County, seeking a court order annulling the County?s decision to ?terminate his employment? pursuant to Civil Service Law �73,* and compelling his reinstatement with back salary and employment benefits...

Unilateral changes in smoking policy

Posted on March 19, 2010
Unilateral changes in smoking policyMatter of Council 82, 31 PERB 3051Council 82 complained that the Central New York Psychiatric Center committed an unfair labor practice when it unilaterally issued an ?interim smoking policy containing a five-step disciplinary component...

Court rules that the employer rebutted the employee?s prima facie case it unlawful discriminated against him because of his race

Posted on March 19, 2010
Court rules that the employer rebutted the employee?s prima facie case it unlawful discriminated against him because of his raceDr. Edwin Hasson v Glendale School District, USCA, 3rd Circuit, #07-3249Dr. Edwin Hasson was dismissed from his position as Superintendent of the Glendale [Pennsylvania] School District...

Administrative Law Judge distinguishes

Posted on March 18, 2010
Administrative Law Judge distinguishes between crimes prohibited by statute and actions inherently immoral and thus a crime of moral turpitudeDep't of Sanitation v. Iocovello, OATH Index No. 195/09Joseph Iocovello, a sanitation supervisor, pled guilty to conspiracy to defraud the U...

Grievance concerning the determination of layoff units not subject to arbitration

Posted on March 18, 2010
Grievance concerning the determination of layoff units not subject to arbitrationMatter of Civil Serv. Employees Assn., Inc. v County of Erie, 63 AD3d 1536In the course of a layoff, CSEA complained that Erie County improperly prohibited County employees laid off from various departments from being recalled or "bumped" into equivalent open positions at the Erie County Medical Center (ECMCC), a public benefit corporation...

Providing for the defense and indemnification of employees being sued as a result of the performance, or failure to perform, their official duties

Posted on March 18, 2010
Providing for the defense and indemnification of employees being sued as a result of the performance, or failure to perform, their official dutiesMatter of Matyas v Board of Educ., Chenango Forks Cent. School Dist., 63 AD3d 1273John Matyas was employed as a teacher and coach by the Chenango Forks Central School District...

Appointing authority, rather than the appointee, responsible for determining if the individual is qualified for the appointment

Posted on March 18, 2010
Appointing authority, rather than the appointee, responsible for determining if the individual is qualified for the appointmentAppeal of Dawn And Jay Kippen from action of the Board of Education of the City School District of the City of Rome regarding the employment of a superintendent and application for the removal of Jeffrey P...

Certain information contained in personnel records may be redacted in complying with a Freedom of Information request

Posted on March 18, 2010
Certain information contained in personnel records may be redacted in complying with a Freedom of Information requestMatter of Capital Newspapers Div. of Hearst Corp. v City of Albany, 63 AD3d 1336The Albany Times Union [TU] reporter filed two requests under the Freedom of Information Law (Public Officers Law Article 6) with City of Albany seeking documents, including ?gun tags,? related to the alleged use of official Albany Police Department channels to purchase military-style assault rifles for personal, nonofficial use by a number of individual police officers in the 1990s...

Violation of employer?s rules results in dismissal from the position

Posted on March 18, 2010
Violation of employer?s rules results in dismissal from the positionMatter of Ward v Juettner, 63 AD3d 748The Board of Police Commissioners of the Town of Greenburgh conducted a disciplinary hearing and found Town of Greenburgh police officer Erik Ward guilty of violating "three Rules and Regulations" of the Town of Greenburgh Police Department...

Recent newspaper stories

Posted on March 18, 2010
Recent newspaper storiesEEOC rules that New York City Department of Education principal of Arabic language school 's resignation resulted from racial, religious, and national origin bias - Source: New York Times, 3/12/10, By Andrea ElliottUtah school district bans teachers from displaying tattoos and facial piercings during work hours - Source: Salt Lake Tribune, 3/11/10, By Rosemary WintersTeachers? union opposes teacher licensing bill that would enhance Minnesota?s application for second round of RTTT funds - Source: Education Week, 3/17/10, By Associated Press

Reemployment of retired State and municipal public employees by the State or a political subdivision of the State

Posted on March 17, 2010
Reemployment of retired State and municipal public employees by the State or a political subdivision of the StateNew York State Department of Civil Service - Division of Staffing Services General Information Bulletin No. 09-07Except in cases involving the election to public office and employment in one of the specified position listed in �150, �150 of the Civil Service Law mandates the suspension of a retired public employee's retirement allowance from a public retirement system of this State if he or she returns to public service and receives a "salary or emolument" as a result...

Inability to demonstrate the possession of a required license permits the summary termination of an incumbent

Posted on March 17, 2010
Inability to demonstrate the possession of a required license permits the summary termination of an incumbentMatter of Cravatta v New York State Dept. of Transp., 23 Misc 3d 1137(A)In this case the court considered the application of the so-called "Felix" procedure [Felix v New York City Dep't of Citywide Administrative Services, 3 NY3d 498] in a situation where the incumbent loses or fails to renew a license required to perform the duties of the position or otherwise fails to satisfy a job qualification...

Freezing the payment of salary increments does not freeze the crediting of service for the purpose of determining an employee's increment step

Posted on March 17, 2010
Freezing the payment of salary increments does not freeze the crediting of service for the purpose of determining an employee's increment stepMatter of Meegan v Brown, 63 AD3d 1673In response to a State Comptroller's report concerning a fiscal crisis in the City of Buffalo, the State Legislature passed the Buffalo Fiscal Stability Authority Act on July 3, 2003...

Appointing authority not required to give its former employee a reason for denying his or her application for reinstatement

Posted on March 17, 2010
Appointing authority not required to give its former employee a reason for denying his or her application for reinstatementSalas v New York City Police Dept., 63 AD3d 468Eddie Salas a New York City police officer, resigned from his position on the eve of a departmental hearing scheduled to address allegations that he refused to obey a superior?s order to arrest a sleeping homeless person...

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