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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

Appointing authority?s decision to dismiss a probationary employee found to have violated Department rules sustained

Posted on June 18, 2009
Appointing authority?s decision to dismiss a probationary employee found to have violated Department rules sustainedAbreu v Doherty, 2009 NY Slip Op 04732, Decided on June 9, 2009, Appellate Division, First DepartmentThe New York City Department of Sanitation terminated Cristobal Abreu before he had completed his maximum period of probation...

E-verify employment eligibility rule implementation delayed until September 8, 2009

Posted on June 18, 2009
E-verify employment eligibility rule implementation delayed until September 8, 2009Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Unit member bound by the terms set out in the collective bargaining agreement negotiated by the union

Posted on June 17, 2009
Unit member bound by the terms set out in the collective bargaining agreement negotiated by the unionMatter of Raymond v Walsh, 2009 NY Slip Op 04832, Decided on June 12, 2009, Appellate Division, Fourth DepartmentOnondaga County Deputy Sheriff Joseph D...

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

Posted on June 17, 2009
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., 2009 NY Slip Op 04705, Decided on June 9, 2009, Appellate Division, First DepartmentEddie 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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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 June 16, 2009
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, 2009 NY Slip Op 04805, Decided on June 12, 2009, Appellate Division, Fourth DepartmentIn 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...

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

Posted on June 16, 2009
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...

Following the rules about making rules

Posted on June 16, 2009
Following the rules about making rulesSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2009, All rights reserved http://lawprofessors.typepad.com/adminlaw/Another 'why didn't they just follow their own rules' case, from [Albany Law School Professor] Patty Salkin on her Law of the Land blog: "Failure to Follow Statutory Procedures Invalidates Countywide Zoning Ordinance"...

Inability to demonstrate the possession

Posted on June 15, 2009
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., 2009 NY Slip Op 51164(U), Decided on May 15, 2009, Supreme Court, Erie County, Judge Paula L...

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

Posted on June 12, 2009
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, 2009 NY Slip Op 04789, Decided on June 11, 2009, Appellate Division, Third DepartmentThe 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...

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

Posted on June 12, 2009
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...

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 June 11, 2009
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., 2009 NY Slip Op 04343, Decided on June 4, 2009, Appellate Division, Third DepartmentJohn Matyas was employed as a teacher and coach by the Chenango Forks Central School District...

Local governments save on employee health insurance costs

Posted on June 11, 2009
Local governments save on employee health insurance costsOffice of the State Comptroller Press ReleaseLooking to help local governments cut expenses and stretch tax dollars, State Comptroller Thomas P. DiNapoli released a report on June 11, 2009 that provides suggestions to reduce or contain costs, including the costs of employee health care programs provided to employees by local governments...

Arbitrating a layoff unit determination by the appointing authority may be prohibited by statute or as a matter of public policy

Posted on June 10, 2009
Arbitrating a layoff unit determination by the appointing authority may be prohibited by statute or as a matter of public policyMatter of Civil Serv. Employees Assn., Inc. v County of Erie, 2009 NY Slip Op 04477, Decided on June 5, 2009, Appellate Division, Fourth DepartmentIn 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...

Restricting the use of bottled water at state facilities

Posted on June 10, 2009
Restricting the use of bottled water at state facilitiesExecutive Order No.7-18,* issued June 3, 2009Governor David A. Paterson has issued an Executive Order, Executive Order 18, directing that ?Within 180 days of the issuance of this Order, every executive agency shall develop and begin implementation of a plan to eliminate the expenditure of State funds for the purchase of bottled water for use at executive agency facilities...

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

Posted on June 10, 2009
Violation of employer?s rules results in dismissal from the positionMatter of Ward v Juettner, 2009 NY Slip Op 04432, Decided on June 2, 2009, Appellate Division, Second DepartmentThe 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...

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

Posted on June 09, 2009
Reinstatement following termination pursuant to §73 of the Civil Service LawMatter of Hoover v County of Broome, 2009 NY Slip Op 51101(U), Decided on June 2, 2009, Supreme Court, Broome County, Judge Phillip R. Rumsey [This decision will not be published in the Official Reports...

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

Posted on June 09, 2009
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., 2009 NY Slip Op 04336, decided on June 4, 2009, Appellate Division, Third DepartmentThe 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...

Union's negligence about failing to fully inform grievant does not establish breach of duty of fair representation

Posted on June 08, 2009
Union's negligence about failing to fully inform grievant does not establish breach of duty of fair representationSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq...

Attorney?s letter to witnesses in a grievance proceeding held an attempt to threaten or influence a witness

Posted on June 08, 2009
Attorney?s letter to witnesses in a grievance proceeding held an attempt to threaten or influence a witnessKalyanaram v New York Institute of Technology, 2009 NY Slip Op 04349, decided on June 4, 2009, Appellate Division, First DepartmentAfter investigating complaints from 37 students alleging that Gurumurthy Kalyanaram, a member the New York Institute of Technology?s faculty had engaged in inappropriate conduct during class, the Institute sent a letter to Kalyanaram notifying him that, pursuant to the collective bargaining agreement (CBA) governing faculty employed by New York Institute of Technology, "you are hereby dismissed, effective as of May 21, 2007, for engaging in serious professional misconduct...

Considering criminal conviction in determining qualification of an applicant for employment in the public service

Posted on June 05, 2009
Considering criminal conviction in determining qualification of an applicant for employment in the public serviceMatter of El v New York City Dept. of Educ., 2009 NY Slip Op 50883(U), Decided on April 1, 2009, Supreme Court, New York County, Judge Alice Schlesinger [This opinion will not be published in the Official Reports...

The General Municipal Law Section

Posted on June 05, 2009
The General Municipal Law Section 207-a/c Case BookA Guide to Disability Leave for those involved inLaw Enforcement and Firefighting in New York State2009 Edition, 1098 pagesThe Section 207-a/c Case Book is an electronic handbook for administrators, union officials and attorneys involved with General Municipal Law Sections 207-a and 207-c benefits available to law enforcement personnel and firefighters suffering job related injuries...

Legislature urged to pass Tier V pension reform legislation

Posted on June 04, 2009
Legislature urged to pass Tier V pension reform legislationOffice of the Governor press releaseFollowing his veto of a bill to provided for the temporary extension of Tier II retirement that would provide Tier II benefits to all new police officers and firefighters, matching the benefits of current employees, Governor David A...

Increasing the compensation of the State?s judiciary

Posted on June 03, 2009
Increasing the compensation of the State?s judiciaryLarabee v Governor of the State of New York, 2009 NY Slip Op 04296, Decided on June 2, 2009, Appellate Division, First DepartmentTwo Family Court Judges, a Civil Court Judge and a Criminal Court Judge, whose salaries are specified in Judiciary Law § 221-e and § 221-g, initiated litigation naming the Governor, the New York State Senate, the State Assembly, and the State of New York as defendants...

Court vacates jury?s determination that employee was laid off because of her political affiliation

Posted on June 03, 2009
Court vacates jury?s determination that employee was laid off because of her political affiliationMiller v County of Nassau, 2009 NY Slip Op 31178(U), May 11, 2009, Supreme Court, New York County, Docket Number: 28936/92, Judge: Ute W. Lally [Not selected for publication in the Official Reports]Roberta Miller was the only Democrat employed by the Nassau County Department of Senior Citizens Affairs...

Processing of an administrative appeal does not toll the running of a statute of limitations

Posted on June 02, 2009
Processing of an administrative appeal does not toll the running of a statute of limitationsMatter of Yolanda Strong v New York City Dept. of Educ., 2009 NY Slip Op 04114, decided on May 26, 2009, Appellate Division, First DepartmentState Supreme Court, New York County, Leland G...

Failure to include transcript of the disciplinary hearing bars any ?meaningful appellate review?

Posted on June 02, 2009
Failure to include transcript of the disciplinary hearing bars any ?meaningful appellate review? Matter of Michael Saunders v Rockland Bd. of Coop. Educ. Servs., 2009 NY Slip Op 04248, Decided on May 26, 2009, Appellate Division, Second Department Michael Saunders was served with disciplinary charges pursuant to §3020 of the Education Law alleging that he allowed a student to be strapped into a restraining chair without cause and striking a student in the jaw and chest...

Reinstatement following separation from service while on ?workers? compensation leave? pursuant to §71 of the Civil Service Law

Posted on June 02, 2009
Reinstatement following separation from service while on ?workers? compensation leave? pursuant to §71 of the Civil Service Law Matter of Richard Lazzari v Town of Eastchester, 2009 NY Slip Op 04239, Decided on May 26, 2009, Appellate Division, Second Department §71 of the Civil Service Law provides for the granting of ?workers? compensation leave? to an employee of the State or a political subdivision of the State who is disabled as the result of a work-connected injury or disease where such injury or disease does not permanently incapacitate him or her for the performance of the duties of his or her position...

Vacating an arbitration award

Posted on June 01, 2009
Vacating an arbitration awardMatter of Board of Educ. of Amityville Union Free School Dist. v Amityville Teacher's Assn., 2009 NY Slip Op 04230, Decided on May 26, 2009, Appellate Division, Second DepartmentComplaining that the arbitrator's award was ?indefinite and nonfinal? when it directed that ?sixth grade teachers assigned a sixth teaching period? shall be paid at the "negotiated sixth period rate" of pay, the Board of Education asked the court to vacate the award...

Attendance reporting requirements for elected and appointed officials of a participating employer in the State?s Retirement System

Posted on June 01, 2009
Attendance reporting requirements for elected and appointed officials of a participating employer in the State?s Retirement SystemDepartment of Audit and Control, I.D. No. AAC-42-08-00002-RP [No hearing scheduled]As a result of the Department of Audit and Controls?s assessment of public comment received concerning its proposed regulation, renumbering section 315...

Public Policy Exception To Employment At Will and Porn

Posted on June 01, 2009
Public Policy Exception To Employment At Will and PornSource: 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...

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