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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

Is there a new standard to consider when providing public records pursuant to a FOIL request?

Posted on August 05, 2009
Is there a new standard to consider when providing public records pursuant to a FOIL request?Matter of Verizon NY, Inc. v Mills, 2007 NY Slip Op 52616(U), Decided on August 10, 2007, Supreme Court, Westchester County, Judge Robert M. DiBella, [Not be published in the Official Reports...

An ?at-will? employee given fair notice and an opportunity to be heard prior to dismissal has received the due process required by the 14th Amendment

Posted on August 04, 2009
An ?at-will? employee given fair notice and an opportunity to be heard prior to dismissal has received the due process required by the 14th AmendmentEdward A. Biliski, v Red Clay Consolidated School District, USCA, 3rd Circuit, Docket No. 08-1742 [This decision is noted as "Precedential"]Edward A...

Individualized inquiry is required when making a determination of reasonable accommodation

Posted on August 03, 2009
Individualized inquiry is required when making a determination of reasonable accommodationPhillips v City of New York, 2009 NY Slip Op 05990, Decided on July 28, 2009, Appellate Division, First Department [Judge Andrias, (dissenting)]Deborah Phillips was initially appointed by the New York City Department of Homeless Services (DHS) in a noncompetitive civil service title in 1988...

Defective service bars proceeding with an appeal to the Commissioner of Education

Posted on August 03, 2009
Defective service bars proceeding with an appeal to the Commissioner of EducationApplication of Lisa A. Kelty for the removal of James Parla as Superintendent of the Island Trees Union Free School District. Commissioner of Education Decision No. 15,946This decision by Carole Huxley, the interim Commissioner of Education, addresses a situation where the failure to correctly resolve a procedural matter proved fatal to processing the appeal submitted by Lisa A...

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Charter school required to provide certain staff personnel information in response to a Freedom of Information Law request

Posted on July 31, 2009
Charter school required to provide certain staff personnel information in response to a Freedom of Information Law requestMatter of New York State United Teachers v Brighter Choice Charter School, 2009 NY Slip Op 06071, Decided on July 30, 2009, Appellate Division, Third DepartmentThe New York State Federation of Teachers [UFT], a labor union, pursuant to the Freedom of Information Law [FOIL],* asked the Brighter Choice Charter School to provide it with the names, home addresses, titles and salaries of school?s teachers...

Blogs and websites - Transgender Workplace Diversity

Posted on July 31, 2009
Blogs and websites - Transgender Workplace DiversityNew York Public Personnel Law posts Law-related sites found on the Internet that it believes could be useful to NYPPL readers in the right sidebar of this Blog.Recently added:Transgender Workplace Diversity...

It's 9:00 AM: Do you know where your employee records are?

Posted on July 31, 2009
It's 9:00 AM: Do you know where your employee records are?Source: Posted on the Internet in CCH Workday at http://cch-workday.blogspot.com:80/ . Reproduced with permission. Copyright� CCH 2009, All rights reserved.Earlier this month, Connecticut Governor M...

State Civil Service Commission?s action placing certain competitive class positions in the noncompetitive class annulled

Posted on July 30, 2009
State Civil Service Commission?s action placing certain competitive class positions in the noncompetitive class annulledMatter of Brynien v New York State Dept. of Civil Service, 2009 NY Slip Op 31656(U), July 25, 2009 Supreme Court, Albany County, Docket Number: 2144/09, Judge: Joseph C...

Recapturing retirement benefit overpayments

Posted on July 30, 2009
Recapturing retirement benefit overpaymentsMatter of Marin v Teachers' Retirement Sys. of the City of New York, 2009 NY Slip Op 51600(U), Decided on July 14, 2009, Supreme Court, New York County, Judge Alice Schlesinger [This decision will not be included in the Official Reports...

Employer?s setting out the nature of acts of misconduct that adversely impact upon the ?efficiency of the service? critical

Posted on July 29, 2009
Employer?s setting out the nature of acts of misconduct that adversely impact upon the ?efficiency of the service? criticalDoe v. Department of Justice, #2008-3139, 2009 U.S. App. Lexis 10031 (Fed. Cir.)Source: AELE Law Enforcement Legal Center, http://www...

Governor Paterson's statement upon the selection of Dr. David M. Steiner to serve as Commissioner of Education

Posted on July 28, 2009
Governor Paterson's statement upon the selection of Dr. David M. Steiner to serve as Commissioner of EducationSource: Press release ? Office of the Governor?I am pleased that the New York State Board of Regents voted to elect Dr. David M. Steiner as New York State Education Commissioner and President of the University of the State of New York...

Settlement agreements including a clause barring a terminated employee from seeking reemployment ? are they valid?

Posted on July 28, 2009
Settlement agreements including a clause barring a terminated employee from seeking reemployment ? are they valid?Source: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright � 2009 AELEIn an article entitled Validity of Settlement Agreements Containing a ?Will Not Reapply for Employment? Provision, AELE considers the situation wherein an employee is dismissed from his or her position and subsequently alleges that he or she was terminated as the result of unlawful discrimination or unlawful retaliation...

An individual serving an extension of his or her probationary period may be summarily dismissed from the position

Posted on July 28, 2009
An individual serving an extension of his or her probationary period may be summarily dismissed from the positionMatter of Ward v Metropolitan Transp. Auth., 2009 NY Slip Op 05973, decided on July 21, 2009, Appellate Division, Second DepartmentThe New York City Transit Authority terminated Steward Ward from his position...

Appeal dismissed because of a procedural misstep

Posted on July 27, 2009
Appeal dismissed because of a procedural misstepMatter of Rumman v Duane Reade, 2009 NY Slip Op 05968, decided on July 21, 2009, Appellate Division, Second DepartmentThe Commissioner of the New York State Division of Human Rights adopted the finding of an Administrative Law Judge that Dilruba Rumman failed to demonstrate termination from her employment was a pretext for unlawful discrimination, and dismissed the administrative complaint...

Age discrimination lawsuit dismissed after applicant failed to show employer?s reason for rejection were pretext to mask unlawful discrimination

Posted on July 24, 2009
Age discrimination lawsuit dismissed after applicant failed to show employer?s reason for rejection were pretext to mask acts of unlawful discriminationSaia v Suffolk County Community Coll., 2009 NY Slip Op 05851, decided on July 14, 2009, Appellate Division, Second DepartmentRobert Saia sued the Suffolk County Community College in an attempt to obtain damages...

Employee reinstated with back pay following termination pursuant to Section 73 of the Civil Service Law

Posted on July 23, 2009
Employee reinstated with back pay following termination pursuant to Section 73 of the Civil Service LawMatter of Hoover v County of Broome, 2009 NY Slip Op 51563(U), Decided on July 21, 2009, Supreme Court, Broome County, Judge Phillip R. Rumsey, [Not to be published in the Official Reports]Keith Hoover filed an Article 78 petition seeking a court order annulling Broome County?s decision to terminate his employment ?pursuant to Civil Service Law �73...

Public Employee and Individual Liability Under FMLA

Posted on July 23, 2009
Public Employee and Individual Liability Under FMLASource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Appointing the spouse of a board member to a position supervised by the board

Posted on July 23, 2009
Appointing the spouse of a board member to a position supervised by the boardOpinions of the State Comptroller, 2009-1The Comptroller was asked for his views regarding whether the spouse of a member of a fire district board of commissioners could serve as an appointed fire district treasurer while the spouse was on the board...

Restraining order bars appointment of Lieutenant Governor

Posted on July 22, 2009
Restraining order bars appointment of Lieutenant GovernorSource: Press release from the Governor?s office dated July 21, 2009 Following State Supreme Court Justice William LaMarca?s issuing a restraining order barring the appointment of Richard Ravitch as Lieutenant Governor, the Governor?s Communications Director, Peter E...

Dismissal during an employee?s disciplinary probationary period

Posted on July 22, 2009
Dismissal during an employee?s disciplinary probationary periodMatter of Bradford v New York City Dept. of Correction, 2006 NY Slip Op 30569(U), July 11, 2006, Supreme Court, New York County, Docket Number: 111044/05, Judge: Debra A. James [Not selected for official publication]The general rule is that a probationary employee may be dismissed from his or her position at any time after completing the minimum period of probation and prior to the end of the probationary period so long as such dismissal is not for an unlawful reason or purpose...

Filling a vacant city court judge position by appointment

Posted on July 22, 2009
Filling a vacant city court judge position by appointmentInformal Opinion of the Attorney General, 2009-02A vacancy in the position of city court judge that is filled by appointment by the mayor with the advice and consent of the city council does not constitute appointment by the council within the meaning of General City Law �3...

Minimum salary set by statute

Posted on July 22, 2009
Minimum salary set by statuteInformal Opinion of the Attorney General, 2009-03The statutory minimum salary for the Cayuga County district attorney is the salary established for county court judge by Judiciary Law �221-d even when the judge is serving as acting supreme court justice...

The latest concerning the litigation involving the appointment of a Lieutenant Governor

Posted on July 22, 2009
The latest concerning the litigation involving the appointment of a Lieutenant GovernorSource: Office of the Governor's Press Office - For Immediate Release: July 22, 2009STATEMENT FROM THE OFFICE OF GOVERNOR DAVID A. PATERSONThe following statement was issued by Director of Communications Peter E...

A "reasonable relation" between the subject matter of a grievance and the subject matter of the CBA defeats a motion to stay arbitration

Posted on July 21, 2009
A "reasonable relation" between the subject matter of a grievance and the subject matter of the collective bargaining agreement defeats a motion to stay arbitrationCounty of Greene v Civil Service Empl. Assn., 2009 NY Slip Op 31468(U), July 7, 2009, Supreme Court, Columbia County, Docket Number: 09-0669, Judge: Joseph C...

Appointing an individual to the vacant Lieutenant Governor position

Posted on July 20, 2009
Appointing an individual to the vacant Lieutenant Governor positionA NYPPL commentaryIn recent weeks NYPPL has posted a number of items concerning the current vacancy in the position of Lieutenant Governor -- seehttp://publicpersonnellaw.blogspot.com/2009/07/filling-vacancy-of-lieutenant-governor...

Notice: Posting will resume on

Posted on July 11, 2009
Notice: Posting will resume on July 20, 2009.

Queens College of the City University of New York not subject to the City?s Human Right because it is a State entity

Posted on July 10, 2009
Queens College of the City University of New York not subject to the City?s Human Right Law because it is a State entityJattan v Queens Coll. of City Univ. of N.Y., 2009 NY Slip Op 05746, decided on July 7, 2009, Appellate Division, Second DepartmentLincoln Jattan, sued Queens College of the City University of New York to recover damages for employment discrimination in violation of the New York State Human Rights Law [Executive Law � 297[9] and the federal Civil Rights Law [42 USC �1983 ]...

Appointment to the Office of Lieutenant Governor

Posted on July 09, 2009
Appointment to the Office of Lieutenant GovernorA NYPPL reviewOn July 6, 2009 the Attorney General issued the following statement:?Statement Of Attorney General Andrew Cuomo Regarding Lieutenant Governor Appointment Proposal"The State Constitution explicitly prescribes what occurs when there is a vacancy in the Office of Lieutenant Governor...

Scheduling and arranging for an alternate date for scheduled written civil service tests

Posted on July 08, 2009
Scheduling and arranging for an alternate date for scheduled written civil service testsSource: New York State Department Of Civil Service State Personnel Management Manual 1230 Alternate Date For Written Test, July, 2009 updateAs a general rule, the New York State Department of Civil Service will arrange for an alternate written test date for a candidate who can establish one of the following:1...

Injury in the line of duty

Posted on July 08, 2009
Injury in the line of dutyMatter of Stymiloski v DiNapoli, 2009 NY Slip Op 05675, Decided on July 2, 2009, Appellate Division, Third DepartmentPaul A. Stymiloski, a police officer employed by the Village of Ossining in Westchester County, was engaged in a routine patrol at 6:00 A...

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