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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

Defending and indemnifying an employee being sued for damages for acts or omissions that occurred in the performance of official duties

Posted on February 15, 2010
Defending and indemnifying an employee being sued for damages for acts or omissions that occurred in the performance of official dutiesLarson v County of Seneca, 2009 NY Slip Op 50177(U), Decided on February 5, 2009, Supreme Court, Ontario County, Supreme Court Justice Craig J...

Developing administrative procedures ? General Municipal Law 壯207-a and 207-c

Posted on February 15, 2010
Developing administrative procedures ? General Municipal Law 壯207-a and 207-cSource: PELM seminars concerning the provisions of Sections 207-a and 207-c of the General Municipal Law and other relevant statutes.The following outlines a number of the issues relevant to developing procedures for handling Sections 207-a and 207-c claims at PELM 壯207-a and 207-c seminars...

A police force is a quasi-military organization and its members are subject strict discipline

Posted on February 15, 2010
A police force is a quasi-military organization and its members are subject strict disciplineMatter of Lundy v City of Oswego, 59 AD3d 954George Lundy sued the City of Oswego and its mayor in an effort to annul a Civil Service Law Section 75 determination terminating his employment as Oswego?s Chief of Police...

Failure to give a probationary educator timely notice of termination obligates school district to provide one day?s pay for each day notice was late

Posted on February 12, 2010
Failure to give a probationary educator timely notice of termination obligates school district to provide one day?s pay for each day notice was lateMatter of Vetter v Board of Educ., Ravena-Coeymans-Selkirk Cent. School Dist., 2010 NY Slip Op 01012, Decided on February 11, 2010, Court of AppealsDavid Vetter was employed as a probationary teacher by the Ravena-Coeymans-Selkirk Central School District...

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General Municipal Law Section 209-m is operative only with respect to police departments having police officers in a negotiating unit

Posted on February 12, 2010
General Municipal Law Section 209-m is operative only with respect to police departments having police officers in a negotiating unitParadiso v Loeffler, 60 AD3d 857The Village of Ocean Beach rejected Edward T. Paradiso?s application for, among other things, an increase in his annual compensation...

Commissioner of Education asked to void collective bargaining agreement between school district and an employee organization

Posted on February 12, 2010
Commissioner of Education asked to void collective bargaining agreement between school district and an employee organizationAppeal of Theresa Budich, from actions of the Board of Education of the Monroe-Woodbury Central School District relating to the ratification of a collective bargaining agreement, and application for the removal of Michael DiGeronimo as a member of the board...

City not subject to tort liability for injury resulting from a discretionary decision involving the exercise of reasoned judgment

Posted on February 12, 2010
City not subject to tort liability for injury resulting from a discretionary decision involving the exercise of reasoned judgmentHeckel v City of New York, 60 AD3d 812Glenn Heckel, an employee of the New York City Department of Sanitation was injured when, while placing a piece of cardboard into the smaller of two compartments of the truck being used for collection, his hand became caught under a "hopper blade...

State Division of Human Rights lacks jurisdiction to consider school board member?s charge that the school board unlawfully discriminated against her

Posted on February 12, 2010
State Division of Human Rights lacks jurisdiction to consider school board member?s charge that the school board unlawfully discriminated against herAppeal of Antoinette A. Huffine from action of the Board of Education of the South Country Central School District regarding a discrimination complaint, Decisions of the Commissioner of Education, Decision No...

Terminated employees challenge City?s requirement that employees be domiciled within its jurisdiction

Posted on February 12, 2010
Terminated employees challenge City?s requirement that employees be domiciled within its jurisdictionMatter of Ball v City of Syracuse, 60 AD3d 1312; Motion for leave to appeal denied, 63 AD3d 1671The significant issue Ball case is the legal distinction between an individual?s domicile and his or her residence...

Special Grand Jury?s report ordered sealed after public officer who was the target of the investigation resigned from public office

Posted on February 11, 2010
Special Grand Jury?s report ordered sealed after public officer who was the target of the investigation resigned from public officeMatter of Seventh Report of Seneca County Special Grand Jury of Jan. 2007, 60 AD3d 1446Seneca County Court Justice Dennis F...

Basis for vacating or modifying an arbitrator?s disciplinary arbitration award limited

Posted on February 11, 2010
Basis for vacating or modifying an arbitrator?s disciplinary arbitration award limitedMatter of Board of Educ. of William Floyd Union Free School Dist. v Lemay, 60 AD3d 943The William Floyd Union Free School District attempted to vacate an arbitrator?s award promulgated pursuant to Section 3020-a(5) of the Education Law...

Dismissal after testing positive in random drug test later declared inoperative by the Appellate Division ruled lawful

Posted on February 11, 2010
Dismissal after testing positive in random drug test later declared inoperative by the Appellate Division ruled lawful*Matter of Goldin v Kelly, 2009 NY Slip Op 30646(U), March 11, 2009, Supreme Court, New York County Docket Number: 109751/08, Judge: Eileen A...

Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with ?actual malice?

Posted on February 11, 2010
Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with ?actual malice?Shulman v Hunderfund, 12 NY3d 143In the words of Justice Smith, ?In this action for libel by a public figure, the record does not clearly and convincingly show that the statements in question were made with "actual malice," as required by New York Times Co...

Suspension without pay recommended for employee found guilty of using inappropriate speech

Posted on February 11, 2010
Suspension without pay recommended for employee found guilty of using inappropriate speechHealth & Hospitals Corp. (Elmhurst Hospital Center) v. McKenzie, OATH Index No. 1239/09OATH Administrative Law Judge Kara Miller recommended a 60-day suspension for a custodial assistant, Nukrue McKenzie, employed at the Elmhurst Hospital Center of the NYC Health and Hospitals Corporation...

School board has broad discretion with respect to initiating disciplinary action against its members or employees of the district

Posted on February 10, 2010
School board has broad discretion with respect to initiating disciplinary action against its members or employees of the districtAppeal of Peter And Francesca Gonzalez, on behalf of their daughter Nilli, from action of the Board of Education of the Middleburgh Central School District, Decisions of the Commissioner of Education, Decision No...

Issuing an unambiguous final decision indicating that all administrative appeals have been exhausted triggers the running of the statute of limitation

Posted on February 10, 2010
Issuing an unambiguous final decision indicating that all administrative appeals have been exhausted triggers the running of the statute of limitationsMatter of Janet Arnold, et al v Erie County Med. Ctr. Corp., 59 AD3d 1074The Arnold decision by the Appellate Division, 4th Department, sets out the steps involved in processing a lawsuit challenging the layoff of employees...

The administrative body, rather than its attorney, must indicate the basis for its administrative action or decision

Posted on February 10, 2010
The administrative body, rather than its attorney, must indicate the basis for its administrative action or decision Matter of Weill v New York City Dept. of Educ., 61 AD3d 407Scott A. Weill appealed a decision by Justice Leland G. DeGrasse, Supreme Court, New York County, that denied his petition seeking to annul the New York City Board of Education?s determination terminating his employment as a New York City schoolteacher...

Disciplinary arbitrator has jurisdiction to hear a defense based on CSL �75-b, the Whistle Blower statute

Posted on February 10, 2010
Disciplinary arbitrator has jurisdiction to hear a defense based on CSL �75-b, the Whistle Blower statuteMatter of Kowaleski v New York State Dept. of Correctional Servs., 61 AD3d 1081NYS Correction Officer Barbara Kowaleski was served with a notice of discipline charging her with violating various provisions of the employees' manual as the result of her conduct on three separate occasions...

Union?s attempt to resolve a grievance ?informally? does not toll the statute of limitations for filing the grievance

Posted on February 10, 2010
Union?s attempt to resolve a grievance ?informally? does not toll the statute of limitations for filing the grievanceMatter of Local 832 Term. Employees of the City of New York v Department of Educ. of the City of New York, 60 AD3d 567Local 832 Terminal Employees of the City of New York school lunch managers and school food service managers employed by Department of Education of the City of New York (DOE)...

Positions recently designated managerial or confidential for the purposes of the Taylor Law

Posted on February 10, 2010
Positions recently designated managerial or confidential for the purposes of the Taylor Law*Decisions by PERB's Office of Public Employment Practices and RepresentationSachem Central School District And United Public Service Employees Union: Cynthia Carvajal, Senior Account Clerk Typist, Carol Burns, Senior Stenographer, and Barbara Waidler, Secretary to the Superintendent, were designated as confidential based on evidence that their duties and responsibilities satisfied the criteria enumerated in �201...

U.S. Second Circuit Court of Appeals holds that employer may discipline union rep for attempted bribery of witness at hearing

Posted on February 09, 2010
U.S. Second Circuit Court of Appeals holds that employer may discipline union rep for attempted bribery of witness at hearingSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2009, Mitchell H...

Past practice and the reversion defense

Posted on February 09, 2010
Past practice and the reversion defenseLocal 891, International Union Of Operating Engineers, AFL-CIO and Board Of Education of The City School District of The City Of New York, PERB U-27711, ALJ CacavasThe term ?reversion defense? is used to describe the argument that once the parties reach an agreement on the item involved, the agreement rather than any past practice or other terms or conditions concerning that item controls...

A school board waiver of its right to dismiss a probationary school administrator at any time during the probationary term must be explicitly stated

Posted on February 09, 2010
A school board waiver of its right to dismiss a probationary school administrator at any time during the probationary term must be explicitly statedConsedine v Portville Cent. School Dist., 12 NY3d 286The Portville Central School District appointed John R...

In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employee

Posted on February 09, 2010
In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employeeParent of Student v East Meadow UFSD, Commissioner of Education Decision 15,907The parents of a student at East Meadow UFSD asked the Commissioner to remove two school employees from their respective positions for alleged ?willful misconduct and neglect of duty...

Procedural issues concerning the arbitrability of a grievance is for the arbitrator to resolve

Posted on February 09, 2010
Procedural issues concerning the arbitrability of a grievance is for the arbitrator to resolveMatter of Board of Educ. of Schenectady City School Dist. v Schenectady Fedn. of Teachers, 61 AD3d 1175The collective bargaining agreement (CBA) between the Schenectady City School District and the Schenectady Federation of Teachers provided that "[a]ll teachers may be required to attend no more than three (3) evening meetings a year...

Employee challenges denial of a retirement incentive provided in collective bargaining agreement

Posted on February 09, 2010
Employee challenges denial of a retirement incentive provided in collective bargaining agreementSpano v Kings Park Cent. School Dist., 61 AD3d 666The collective bargaining agreement (CBA) between Kings Park Central School District and CSEA provided that Kings Park would pay a $13,000 retirement bonus to any employee with 10 years of service who notified Kings Park by March 1, 2006, of his or her intent to retire by January 1, 2007...

Removal of a public officer by the Appellate Division pursuant to Public Officers Law �36

Posted on February 09, 2010
Removal of a public officer by the Appellate Division pursuant to Public Officers Law �36Matter of Salvador v Ross, 61 AD3d 1163John Salvador Jr. asked the court to remove Teri Ross from her position of Assessor of the Town of Queensbury pursuant to Public Officers Law �36 for "mismanagement...

Insubordination is disqualifying misconduct for unemployment purposes

Posted on February 09, 2010
Insubordination is disqualifying misconduct for unemployment purposesSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Termination resulting from the loss or expiration of a license required to lawfully perform the duties of the position does not constitute discipline

Posted on February 08, 2010
Termination resulting from the loss or expiration of a license required to lawfully perform the duties of the position does not constitute disciplineMatter of Carr v New York State Dept. of Transp., 2010 NY Slip Op 00771, Decided on February 4, 2010, Appellate Division, Third DepartmentJames Carr, a New York State Department of Transportation Highway Maintenance Worker I, was required to possess a valid commercial driver?s license [CDL] to lawfully perform the duties of his position...

Hearing officer recommends the termination of employee who fraternized with a prisoner

Posted on February 08, 2010
Hearing officer recommends the termination of employee who fraternized with a prisonerDep?t of Correction v. Jenkin, OATH Index No. 3070/09Toni Jenkins, a New York City Department of Corrections correction officer, was charged and found guilty of accepting over 700 telephone calls from the father of her youngest child, an inmate...

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