The so-called Pickering Test is applied in evaluating the interests of a public employer with the its employees’ right to Free Speech and requires the court’s consideration of the following:
1. Did the individual demonstrate that his or her speech address a matter or matters of public interest and concern?
2. Did the individual demonstrate that his or her speech was a significant or motivating factor in the employer's decision?
3. Did the court balance the interests of the individual commenting on matters of public concern as a citizen and the public employer's interest in "promoting the efficiency of public service?"
An example of this may be found in Council 82, v State of New York, 255 A.D.2d 54, aff'd. 94 NY2d at 329.
In this action Appellate Division ruled that a State department’s rule did not trump an employee’s First Amendment rights. In this case the court sustained an arbitrator determination that Edward Kuhnel, a State correction officer, was not guilty of disciplinary charges alleging that he flew a Nazi flag from the front porch of his home in violation of Department rules.
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://nypplarchives.blogspot.com/
The Layoff, Preferred List and Reinstatement Manual - a 650+ page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://nylayoff.blogspot.com/
General Municipal Law §§207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1200+ page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://section207.blogspot.com/