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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

Loss of a required license

Posted on January 05, 2010
Loss of a required licenseRamsey v Town of Hempstead, 193 Misc.2d 278Ramsey served as a Town of Hempstead Building Maintenance Foreman, a position that required the incumbent to possess a valid Class 5 driver's license. Ramsey was arrested and charged with driving while intoxicated [DWI]...

Using hearsay evidence in administrative disciplinary actions

Posted on January 04, 2010
Using hearsay evidence in administrative disciplinary actionsHealth and Hospital Corporation v Kahn, OATH Index #2060/09A hospital special officer was charged with misconduct based on statements he allegedly made to a colleague about a captain. At the hearing the captain repeated what the colleague had told him about the officer's statements...

A town board, by resolution, may grant its members eligibility for member service credit in the New York State Employees? Retirement System

Posted on January 04, 2010
A town board, by resolution, may grant its members eligibility for member service credit in the New York State Employees? Retirement SystemMorgan v Town of Orangetown, 2009 NY Slip Op 09628, decided on December 22, 2009, Appellate Division, Second Department This action was initiated following the Town Board of the Town of Orangetown adopting a resolution declaring that its members and all Town

Automatic removal of a public officer upon conviction of a crime or a violations of his or her oath of office

Posted on January 04, 2010
Automatic removal of a public officer upon conviction of a crime or a violations of his or her oath of officeBowman v Kerik, 271 A.D.2d 225In some instances it is not necessary for the appointing authority to hold a disciplinary hearing in order to terminate an individual...

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Impartiality of arbitrators

Posted on January 04, 2010
Impartiality of arbitratorsMeehan v Nassau Community College, App. Div., 251 A.D.2d 417, Motion for leave to appeal dismissed, 92 N.Y.2d 946This posting summarizes a number of related decisions involving the same parties considered by the Appellate Division...

Attorney fees awarded to employee following annulment of disciplinary determination

Posted on January 04, 2010
Attorney fees awarded to employee following annulment of disciplinary determinationPerez v NYS Dept. of Labor, 244 AD2d 844; 259 A.D.2d 161Served with disciplinary charges pursuant to Section 75 of the Civil Service Law, Hilton Perez was found guilty of misconduct and terminated from his position...

Drug tests - hair analysis

Posted on January 04, 2010
Drug tests - hair analysisBrown v City of New York, Appellate Division, 250 A.D.2d 546, Motion for leave to appeal denied, 92 N.Y.2d 810A probationary New York City police officer, Bernadette Brown, was terminated after she tested positive for cocaine...

Disciplinary settlements

Posted on January 04, 2010
Disciplinary settlementsAlfred v Safir, App. Div., First Dept., 283 A.D.2d 280In the course of settling a disciplinary matter, the employee typically agrees to plea guilty to some or all of the charges in exchange for a negotiated penalty that the employee and the employer's representative agree will be imposed...

Eavesdropping

Posted on January 04, 2010
EavesdroppingBartnicki v Vopper, USSC, 532 U.S. 514From time to time an administrator learns about alleged employee misbehavior indirectly such as via a report resulting from the interception of a letter or phone call.In the Bartnicki case the U.S. Supreme Court addressed the implications First Amendment freedom of speech rights in a case involving the disclosure of the contents of unlawfully

Essentials of the "Pickering Balancing Test?

Posted on January 04, 2010
Essentials of the "Pickering Balancing Test?Pickering v Board of Education, 391 US 563The so-called Pickering Test is applied in evaluating the interests of a public employer with the its employees? right to Free Speech and requires the court?s consideration of the following:1...

NYPPL's postings of case summaries

Posted on December 23, 2009
NYPPL's postings of case summaries will resume January 4, 2010.

Some public agencies and organizations have unclaimed funds in the State Comptroller's "Abandoned Property Fund"

Posted on December 22, 2009
Some public agencies and organizations have unclaimed funds in the State Comptroller's "Abandoned Property Fund"Source: The State Comptroller's web siteIn these times of financial difficulties, every penny counts -- so below is a sample listing of BOCES and school districts* currently listed as having monies being held by the State Comptroller in the Abandoned Property Fund and which may be

A higher standard of fitness and character is required of police officers than is required of ?ordinary civil servants?

Posted on December 21, 2009
A higher standard of fitness and character is required of police officers than is required of ?ordinary civil servants?Matter of Bassett v Fenton, 2009 NY Slip Op 09338, Decided on December 17, 2009, Appellate Division, Third DepartmentNew York State Trooper Timothy J...

Reimbursement of training expenses

Posted on December 21, 2009
Reimbursement of training expensesVillage of Homer v County of Cortland and Joshua Parente, 15 Misc.3d 1123(A)The Village of Homer appointed Joshua Parente as a police officer. Parente served as a police officer of the Village until May 20, 2005, when he left his position to take a job with the Cortland County Sheriff?s Department...

Zipper clause in a collective bargaining agreement

Posted on December 21, 2009
Zipper clause in a collective bargaining agreementVillage of Tarrytown v Tarrytown Police Asso., 31 PERB 4540A zipper clause in a Taylor Law collective bargaining contract sets out the fact that the parties ?agree that to the extent agreement is possible on negotiable items it has been reached in [the] agreement...

Agency?s initial decision sustaining an employee?s out-of-title work grievance overturned by the Governor?s Office Of Employee Relations

Posted on December 21, 2009
Agency?s initial decision sustaining an employee?s out-of-title work grievance overturned by the Governor?s Office Of Employee RelationsMatter of Cushing v Governor's Off. of Empl. Relations, 58 AD3d 1095The Governor's Office of Employee Relations denied Judy M...

County Personnel Department refuses to certify the payroll following the appointment of an individual not among the three highest on the eligible list

Posted on December 21, 2009
County Personnel Department refuses to certify the payroll following the appointment of an individual not among the three highest on the eligible listMatter of Gramando v Putnam County Personnel Dept., 58 AD3d 842The Carmel Central School District appointed Joseph Gramando to the position of Director of School Facilities, Operations, and Transportation...

Applicant has the burden of proving wrongful denial of employment

Posted on December 21, 2009
Applicant has the burden of proving wrongful denial of employmentFrancis v City of New York, 15 Misc.3d 1123(A)Michael A. Francis? application for employment as a New York City Firefighter was rejected by the Department. He sued, claiming that ?his examination results were well above average? as his adjusted final average was 101...

Union presses an appeal notwithstanding its concession that a final administrative determination rendered the appeal moot

Posted on December 21, 2009
Union presses an appeal notwithstanding its concession that a final administrative determination rendered the appeal mootIn re Civil Service Technical Guild, Local 375, AFSCME, v The City of New York, et al, 58 AD3d 581New York State Supreme Court Justice Carol R...

Preferred list rights following layoff

Posted on December 21, 2009
Preferred list rights following layoffBojarczuk v Mills, 98 NY2d 663Joseph T. Bojarczuk was excessed when the Utica City School District abolished his position when the Oneida-Herkimer-Madison Board of Cooperative Educational Services (BOCES) took over its Alternative Educational Program...

Matters encompassed within the NYC Police Commissioner's disciplinary authority are excluded from collective bargaining as a matter of policy

Posted on December 18, 2009
Matters encompassed within the NYC Police Commissioner's disciplinary authority are excluded from collective bargaining as a matter of policyMatter of City of New York v Patrolmen's Benevolent Assn. of the City of New York, Inc., 2009 NY Slip Op 09314, decided on December 17, 2009, Court of Appeals This litigation followed the New York City Police Department?s (NYPD) informing various police

Annulling four of forty-one specifications of alleged misconduct, court sustains finding the employee guilty of the surviving charges and the penalty

Posted on December 18, 2009
Annulling four of forty-one specifications of alleged misconduct, court sustains finding the employee guilty of the surviving charges and the penaltyMatter of Levi v Lauro, 58 AD3d 851Thomas Lauro, Commissioner of the Westchester County Department of Environmental Facilities, adopted the report and recommendation of a hearing officer finding Miriam Baht Levi guilty of 41 specifications of

Notice of claim must be timely to trigger a duty to defend and indemnify the party being sued

Posted on December 18, 2009
Notice of claim must be timely to trigger a duty to defend and indemnify the party being suedGutierrez v State of New York, 58 AD3d 805Typically lawsuits in which the issue is whether or not timely notice of a claim has been made involve individuals attempting to sue the State or a political subdivision of the State...

Appointing authority directed to set a new disciplinary penalty after court vacates a finding of guilt on one of two specifications

Posted on December 18, 2009
Appointing authority directed to set a new disciplinary penalty after court vacates a finding of guilt on one of two specificationsMatter of Borrelli v Kelly, 59 AD3d 164New York City Police Commissioner filed disciplinary charges against New York City police officer Robert Borrelli...

Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 action

Posted on December 18, 2009
Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 actionPak v New York City Dept. of Educ., 22 Misc 3d 1117(A)Kifan Pak, a probationary teacher, was told that he would be terminated from his position effective February 28, 2007...

An emergency vehicle operator may not assert Vehicle and Traffic Law �1104?s ?protection from liability? where the operator is the plaintiff

Posted on December 18, 2009
An emergency vehicle operator may not assert Vehicle and Traffic Law �1104?s ?protection from liability? where the operator is the plaintiffAyers v O'Brien, 2009 NY Slip Op 09313, Decided on December 17, 2009, Court of AppealsMarc A. Ayers, a Broome County Deputy Sheriff, was on patrol...

Employee protected by Title VII if he or she suffers retaliation by the employer after reporting workplace race or gender discrimination

Posted on December 18, 2009
Employee protected by Title VII if he or she suffers retaliation by the employer after reporting workplace race or gender discriminationCrawford v Metropolitan Government Of Nashville And Davidson County, Tennessee, US Supreme Court, No. 06?1595The genesis of this ruling was an internal investigation into rumors of sexual harassment of employees by the Metro School District Employee Relations

Transgender discrimination prohibited by Executive Order

Posted on December 17, 2009
Transgender discrimination prohibited by Executive OrderExecutive Order 7 EO 33*7 Executive Order 33, signed by Governor Patterson on December 1l7, 2009, prohibits State departments and agencies from discriminating against any individual on the basis of the individual?s gender identity and expression in any matter pertaining to employment...

Consideration of hearsay evidence in a Section 75 disciplinary hearing permitted

Posted on December 17, 2009
Consideration of hearsay evidence in a Section 75 disciplinary hearing permittedMatter of Ebling v Town of Eden, 59 AD3d 978The Appellate Division confirmed the dismissal of Stephen Ebling from his position following a hearing pursuant to Civil Service Law � 75...

Article 75 petition seeking to vacate a disciplinary arbitration award terminating a tenured teacher dismissed as untimely

Posted on December 17, 2009
Article 75 petition seeking to vacate a disciplinary arbitration award terminating a tenured teacher dismissed as untimelyMatter of Awaraka v Board of Educ. of City of New York, 59 AD3d 442Josephine Awaraka, a tenured teacher employed by the New York City Board of Education, was found guilty of eight specifications of misconduct in a hearing conducted pursuant to Education Law � 3020-a...

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