Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: New York Public Personnel LawAgency?s use of its non-punitive procedure not a prerequisite to disciplinary action
Matter of Van Osten v Horn, 37 AD3d 317
The Commissioner of the New York City Department of Corrections terminated correction officer Michele Van Osten?s employment after finding her guilty of disciplinary charges that her absences from work were excessive and inadequately explained, and that she was unable to perform the full range of her duties as a corrections officer.
One of the arguments advanced by Van Osten was that the Department could not bring formal disciplinary proceedings against her because it had not earlier provided her with the ?informal, non-punitive mechanism adopted by [the] Department to address certain employee misconduct.?
The Appellate Division ruled that fact that such an informal, non-punitive mechanism had been adopted by Department [sometimes referred to as "progresssive discipline"] and could be utilized by the Department at its discretion did not limit its prerogative to initiate formal disciplinary proceedings against an employee pursuant to the Civil Service Law without first using its informal procedure.
As to the penalty imposed, termination, the court said that ?Under the circumstances, termination is not a sanction shocking to our sense of fairness,? citing Kelly v Safir, 96 NY2d 32.
The decision is posted on the Internet at:
http://nypublicpersonnellawarchives.blogspot.com/2007/02/discipline-not-barred-by-availability.html
=======================
The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State is a 1272 page e-book available from the Public Employment Law Press. Click on http://thedisciplinebook.blogspot.com/ for additional information concerning this electronic reference manual.
=======================
.
Full post as published by New York Public Personnel Law on March 07, 2011 (boomark / email).
Collection Agencies and Creditors
How to deal and stop the harassment
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
California Talent Agency, Be Productions, Faces Federal Class Action
California Talent Agency, Be Productions, Faces Federal Class Action
Federal Emergency Management Agency
Trailers Contain Toxic Formaldehyde Fumes
Mr. Brown Instant Coffee
Possible Melamine Contamination Prompts Canadian Agency to Issue Warning
Critical Alarm Goes Unheard
Nurse and agency to pay undisclosed settlement in wrongful death lawsuit.
Transit Technicians Scam
Two Municipal Transportation Agency agree to pay $287,000 settlement for stealing money from fare boxes.
PTDS class action
Veterans Post Traumatic Stress Disorder Class Action

Timing of Ian Blairs retirement rules out disciplinary action over Met contracts - The Times
SEC Affirms Disciplinary Action Against Former Jesup & Lamont CCO
SEC Sustains NASD Disciplinary Action for Failure to Respond to NASD Requests for Information
Ind. Decisions - Disciplinary agreement relating to firm name issued by Supreme Court








