Wednesday, July 23, 2014
Although an administrator may have certain powers to administer a statute, he or she lacks authority to supplement or amend duly enacted legislation
2014 NY Slip Op 04421, Appellate Division, First Department
Tuesday, July 22, 2014
Individuals applying for State Civil Service Examinations must use a new application form dated (6/14)
Unemployment insurance claim filed by terminated employee may be denied on the basis of the findings of a disciplinary arbitrator under the doctrine of “collateral estoppel”
Monday, July 21, 2014
Disciplinary arbitration award remanded for reconsideration of the appropriate penalty to be imposed for a second time
In situations where an employee is charged with misconduct after he or she has been convicted of a crime involving the same unlawful action or activity, the accused individual may argue that "double jeopardy" bars his or her being subjected to administrative disciplinary action involving the same events that led to his or her conviction of a crime.
Although the Double Jeopardy Clause in the Fifth Amendment to the U.S. Constitution prohibits anyone from being prosecuted twice for substantially the same crime and is typically raised as a "procedural defense" in a criminal proceeding, does not bar the filing administrative disciplinary charges against an individual against whom criminal charges have been filed involving the same event or events.
Indeed, as the Appellate Division held in Kelly v Levin, 81 A.D.2d 1005, if an individual has been found guilty of criminal conduct in a criminal trial, a disciplinary hearing panel cannot find the individual not guilty of the same offense[s] in a subsequent administrative disciplinary action.
Although an individual may be found not guilty of alleged criminal acts in a criminal action, he or she may be found guilty of such conduct in an administrative proceeding as there is a lesser standard of proof to be met in the case of an administrative action. In an administrative proceeding a person must be proved guilty of the acts or omissions alleged by "substantial evidence." In contrast, in a criminal trial "guilt beyond a reasonable doubt" must be proved by the charging party.
A school board must comply with its own rules and regulations, which have the force and effect of law
Although Petitioner argued that the Board regulations mandated full disclosure of MP's report, the Board contended that it correctly provided Petitioner with only the three-page conclusion section of MP’s 73-page report "because the regulation requires the release only of the superintendent's report."
Sunday, July 20, 2014
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Friday, July 18, 2014
If a preexisting dormant disease is aggravated by an accident, resulting in a disability that did not previously exist, the accident is responsible for the ensuing disability
Thursday, July 17, 2014
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://booklocker.com/books/7401.html
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