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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

No ?anti-arbitrating? presumption to resolving grievances alleging a violation of a collective bargaining agreement

Posted on November 10, 2010
No ?anti-arbitrating? presumption to resolving grievances alleging a violation of a collective bargaining agreementWatertown CSD v Watertown Education AssociationIndian River CSD v Indian River Education AssociationCourt of Appeals, Nos. 50 & 51, joint decision issued 93 NY2d 132In numerous decisions, New York State courts have frowned on the use of arbitration to settle disputes between public employers and unions unless the collective bargaining agreement specifically states that the subject matter involved is subject to the contract grievance procedure set out in the agreement...

Police officer?s association with individuals involved in alleged criminal activity results in dismissal from the position

Posted on November 10, 2010
Police officer?s association with individuals involved in alleged criminal activity results in dismissal from the positionRichardson v Safir, 258 AD2d 328The Appellate Division upheld the dismissal of New York City police officer Edward Richardson based on a determination that Richardson ?knowingly associated with a person he reasonably believed was engaged in criminal activity...

Assurance of reemployment of an educator negates his or her eligibility for unemployment insurance benefits between school years

Posted on November 10, 2010
Assurance of reemployment of an educator negates his or her eligibility for unemployment insurance benefits between school yearsHuff v Commissioner of Labor, 247 AD2d 734, 257 AD2d 832In case involving a claim for unemployment insurance benefits, Buffalo City School District teacher?s aide Dennis Huff, Sr...

Discontinuation of employer?s cafeteria service a mandatory subject for collective bargaining

Posted on November 10, 2010
Discontinuation of employer?s cafeteria service a mandatory subject for collective bargainingCSEA Local 1000 & Nassau County, 32 PERB 3005For at least nine years the Nassau County Medical Center (NCMC) provided food service in its cafeteria between the hours of 2:00 a...

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New York Public Personnel Law readers

Posted on November 10, 2010
New York Public Personnel Law readers Source: Google/Blogspot Statistical ReportGoogle/Blogspot reports that during the past six month the "top ten" of NYPPL readers were from the following nations:Nation??????# of ReadersUnited States............34.721Germany??????...

Hearsay evidence may be the basis for an administrative disciplinary determination

Posted on November 10, 2010
Hearsay evidence may be the basis for an administrative disciplinary determinationMatter of Hughes v New York State Unified Ct. Sys., Off. of Ct. Admin., 2010 NY Slip Op 07932, Decided on November 3, 2010, Appellate Division, Second Department Thomas Hughes, an Office of Court Administration [OCA] court officer, was served with disciplinary charges alleging, among other offenses, failing to keep his uniform in proper condition, failing to keep his weapon properly loaded, and keeping an impermissible metal-jacketed round in his weapon...

Employee?s dismissal after refusing to participate in a counseling program held reasonable under the circumstances

Posted on November 09, 2010
Employee?s dismissal after refusing to participate in a counseling program held reasonable under the circumstancesSiciliano v Safir, 259 AD2d 366Matthew Siciliano, a New York City police officer, was dismissed from his position after he refused to enter the department?s counseling program...

Designation of the hearing officer in an administrative disciplinary action

Posted on November 09, 2010
Designation of the hearing officer in an administrative disciplinary actionStein v Rockland Co., 259 AD2d 552William J. Stein was terminated from his position with the Rockland County Highway Department after he was found guilty of striking another employee...

Summary dismissal during a disciplinary probation period

Posted on November 09, 2010
Summary dismissal during a disciplinary probation periodWilliams v NYSOMH, 259 AD2d 623Disciplinary charges were filed against Henry Williams, an employee of the New York State Office of Mental Health, alleging that he was guilty of excessive absenteeism...

Employee disciplined for alleged acts of misconduct that took place 20 years earlier

Posted on November 09, 2010
Employee disciplined for alleged acts of misconduct that took place 20 years earlierDeMichele v Greenburgh CSD #7, 167 F.3d 784Section 3020-a(1) of the New York State Education Law provides that ?no charges ... shall be brought more than three years after the occurrence of the alleged incompetency or misconduct, except when the charge is of misconduct constituting a crime when committed...

Potential conflict of interest between official duties and private business should be eliminated by appointing authority

Posted on November 09, 2010
Potential conflict of interest between official duties and private business should be eliminated by appointing authorityInformal opinion of the Attorney General 98-39A part-time village police officer also conducted a towing business. When asked if the officer?s towing business could be included on the village police force?s list of towing companies, the Attorney General said it could be listed, ?provided the village takes appropriate steps to eliminate any potential conflicts of interests...

Hearing officer recommends employee?s termination based on circumstantial evidence that was corroborated by other evidence

Posted on November 09, 2010
Hearing officer recommends employee?s termination based on circumstantial evidence that was corroborated by other evidenceNYC Department of Sanitation v O?Neill, OATH Index #2632/10The New York City Department of Sanitation?s General Order No. 2001-19 addressing ?trade waste? prohibits its employees from removing material originating from a home renovation performed by a contractor...

Contractor to indemnify the agency for the agency's liabilities only if the liability resulted from activities that were among its contractual duties

Posted on November 09, 2010
Contractor to indemnify the agency for the agency's liabilities only if the liability resulted from activities that were among its contractual dutiesRamos v City of New York, 2010 NY Slip Op 07821, Decided on November 4, 2010, Appellate Division, First DepartmentTristar provided security services at the premises pursuant to a contract between it and the City whereby Tristar personnel were to check ID?s of people who worked at the premises, scanning people who did not work there, checking bags for weapons, and patrolling the exterior of the building...

Adverse grievance decision not proof the union failed to provide adequate representation absent proof that the union acted arbitrarily or in bad faith

Posted on November 08, 2010
Adverse grievance decision not proof the union failed to provide adequate representation absent proof that the union acted arbitrarily or in bad faithRosioreanu v New York City Off. of Collective Bargaining, 2010 NY Slip Op 07797, Decided on November 4, 2010, Appellate Division, First DepartmentUpon conclusion of a grievance procedure that resulted in her termination, Cleopatra Rosioreanu filed an improper practices petition with the New York City Office of Collective Bargaining [OCB] contending that her union failed to provide adequate representation throughout the grievance process...

Retirement System has the burden of rebutting the statutory presumption set out in the so-called ?Heart Bill,? RSSL �507-b(c)

Posted on November 08, 2010
Retirement System has the burden of rebutting the statutory presumption set out in the so-called ?Heart Bill,? RSSL �507-b(c)Matter of Rivera v DiNapoli, 2010 NY Slip Op 07852, Decided on November 4, 2010, Appellate Division, Third DepartmentAlthough typically an applicant for accidental disability retirement benefits or performance of duty disability benefits has the burden of proof with respect to showing that his or her disability resulted from the performance of his or duties, such is not always the case...

Independent contractors in the public service

Posted on November 08, 2010
Independent contractors in the public serviceRoesch v BOCES, App Div, 259 AD2d 900The Roesch case is another in a series of actions involving claims for retroactive membership in a public retirement system.Dorothy E. Roesch claimed that her service as a school psychologist with the Wayne-Finger Lakes BOCES qualified her for retroactive membership in the New York State Teachers? Retirement System [TRS]...

Appointing authority may imposed a harsher disciplinary penalty than one recommended by a hearing officer if not disproportionate to the offense

Posted on November 08, 2010
Appointing authority may imposed a harsher disciplinary penalty than one recommended by a hearing officer if not disproportionate to the offenseRusso v Wantagh UFSD, 259 AD2d 703Smoky conditions prompted school officials of the Wantagh school district to evacuate students from a school building...

Employer fined after docking employee?s

Posted on November 08, 2010
Employer fined after docking employee?s pay for jury duty absencePeople v Rosenbach, Nassau Co. Ct. [Justice DeMaro], [Not selected for publication in the Official Reports]From time to time a public employee is called to serve on jury duty. The attendance rules for state officers and employees [4 NYCRR 28...

Fitness of a witness determined by the credibility of his or her testimony

Posted on November 08, 2010
Fitness of a witness determined by the credibility of his or her testimonyGoodman v Safir, 259 A.D.2d 344In the Goodman case, the Appellate Division considered the value of testimony provided by ?corrupt former employees? called by the employer as witnesses against another employee in a disciplinary action...

New York Public Personnel Law readers

Posted on November 07, 2010
New York Public Personnel Law readersSource: Blogspot Statistical ReportBlogspot reports that during the past six month the "top ten" of NYPPL readers were from the following nations:Nation..................# of Readers United States,,,,,,,,,,,,34,721 Germany...

Court annuls penalty imposed after finding appointing authority failed to investigate before taking disciplinary action against individual

Posted on November 05, 2010
Court annuls penalty imposed after finding appointing authority failed to investigate before taking disciplinary action against individual Matter of Titone v Rocky Point Fire Dept., 2010 NY Slip Op 33037(U), October 25, 2010, Supreme Court, Suffolk County, Judge Jeffrey Arlen Spinner [Not selected for publication in the Official Reports]Joseph A Titone filed a petition ?in the nature of mandamus? pursuant to Article 78 of the CPLR challenging his suspension from his position as Captain of Company One of the Rocky Point Volunteer Fire Department and asked the court to direct the Board of Commissioners of the Fire Department to annul its action and to expunge the suspension from his record...

A settlement of a disciplinary action should be memorialize in writing

Posted on November 05, 2010
A settlement of a disciplinary action should be memorialize in writingWinkler v Kingston Housing Auth., 259 AD2d 819A public employee who faces disciplinary charges may enter into a settlement agreement that disposes the charges, so long as the waiver is knowingly and intelligently undertaken and serves as the consideration for the curtailment of pending disciplinary proceedings [see Whitehead v State of New York Department of Mental Hygiene, 71 AD2d 653]...

Request for reconsideration of an administrative determination does not extend the statute of limitations for perfecting an appeal

Posted on November 05, 2010
Request for reconsideration of an administrative determination does not extend the statute of limitations for perfecting an appealRaykowski v NYC DOT, App. Div., 1st Dept, 259 AD2d 367Sometimes an individual who has been adversely affected by an administrative decision asks the appointing authority to reconsider its determination...

Rescinding a resignation

Posted on November 05, 2010
Rescinding a resignationOtero v Safir, 258 AD2d 297After being served with disciplinary charges involving allegations that subjected him to criminal charges, New York City police officer Louis Otero submitted his resignation from the force rather than testify at a disciplinary hearing...

Reversal of an employee?s criminal conviction may require reconsideration of a disciplinary action based on the acts or omissions

Posted on November 05, 2010
Reversal of an employee?s criminal conviction may require reconsideration of a disciplinary action based on the acts or omissionsBeard v Newburgh, 259 AD2d 613, motion for leave to appeal denied, 93 NY2d 958Town of Newburgh police officer Joseph Beard asked a state Supreme Court judge to vacate an arbitration award upholding his dismissal from the department based on various rule violations...

Obtaining police personnel records pursuant to a Freedom of Information Law [FOIL] demand

Posted on November 05, 2010
Obtaining police personnel records pursuant to a Freedom of Information Law [FOIL] demandDaily Gazette Co. and Capital Newspapers [Times Union] v City of Schenectady, 93 NY2d 145The Court of Appeals has resolved a significant question in ruling that the City of Schenectady did not violate the state Freedom of Information Law (FOIL) when it declined to provide journalists with the names of certain police officers who were involved in an off-duty egg-throwing incident...

Hearing officer finds that employee?s failure to comply with an unlawful order is not misconduct for the purposes of disciplinary action

Posted on November 04, 2010
Hearing officer finds that employee?s failure to comply with an unlawful order is not misconduct for the purposes of disciplinary actionHealth and Hospital Corporation v A.S., OATH Index #2742/10OATH Administrative Law Judge Tynia Richard recommended dismissal AWOL charges brought against A...

Discontinuing or postponing administrative disciplinary action while criminal action involving the same event is pending and related issues

Posted on November 04, 2010
Discontinuing or postponing administrative disciplinary action while criminal action involving the same event is pending and related issuesLevine v New York City Transit Authority, 70 AD2d 900, affirmed 49 NY2d 747New York courts have considered discontinuing disciplinary action while criminal action is pending, holding that an appointing authority has no obligation to postpone administrative disciplinary action even if the county district attorney requests that the administrative disciplinary action be postponed...

Title VII does not bar the selection of an individual because of the individual?s personal relationship with the appointing authority

Posted on November 04, 2010
Title VII does not bar the selection of an individual because of the individual?s personal relationship with the appointing authorityFella v County of Rockland, 297 A.D.2d 813According to the court's decision, the Rockland County Director of Employee Rights and Equity Compliance concluded that Rockland County Commissioner of Hospitals Peter T...

Using tape-recorded testimony in an administrative proceeding

Posted on November 04, 2010
Using tape-recorded testimony in an administrative proceedingMiller v Howard Safir, App. Div., 259 AD2d 337John Miller, Jr. challenged the New York City police commissioner?s revocation of his designation as a Special Patrolman. The commissioner had determined that Miller was ?unfit for the position of Special Patrolman? following an incident during which Miller assaulted an individual...

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