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Friday, December 30, 2011
Failure to preserve “First Amendment” argument in the course of arbitration bars appeal on that ground
The Rausch Case
Thursday, December 29, 2011
Law enforcement personnel may be prohibited from associating with persons suspected of illegal activities.
The City of Sherrill’s Chief of Police, James T. Hastings, was served with disciplinary charges pursuant to §75 of the Civil Service Law alleging that he was involved with "person(s) notoriously suspected of illegal activities … outside [the Chief’s] official duties." The Chief was found guilty of the charges and was terminated from his position.
Tenured employee alleged to have violated the jurisdictions residence requirement is entitled to administrative due process prior to his or her dismissal from the position
Wednesday, December 28, 2011
A formal rule or regulation describing the alleged act of misconduct is not required in order to file disciplinary charges against an employee
Tuesday, December 27, 2011
An arbitrator’s power to issue an arbitration award is limited to those powers set out in the collective bargaining agreement
A notice of claim served on a public entity must set out the basis for the claim sufficient for it to investigate the claim
Monday, December 26, 2011
Friday, December 23, 2011
Governor Andrew M. Cuomo and Manuel M. Vilar, President of the Police Benevolent Association of New York State, on December 23, 2011 announced a contract agreement between the state and the labor union representing New York State's University Police, Park Police, EnCon Officers and Forest Rangers.
The agreement resolves outstanding wage and contractual issues dating to 2005 and provides the officers with a retroactive wage increase adjustment, ensures protections against layoffs, and offers health benefits commensurate with other state bargaining units. The agreement provides for zero percent wage increases for 2011-2013, a 2% increase in 2014, 9 days of deficit reduction leave, and adjustments to the health insurance premium.
The Agency Law Enforcement Services Unit (ALES) is composed of University police, Park Police, EnCon Officers and Forest Rangers. They have not had a contract since 2005 and were in arbitration for the years 2005-2007.
Highlights of the tentative agreement, which will require ratification by the full PBANYS membership, include:
· A $1,000 retention bonus paid out $775 in the third year and $225 in the fourth year
· Deficit Reduction Leave of five days this fiscal year and four days next fiscal year
· Retroactive payments that are scheduled to be paid in two installments -- one this fiscal year and one next fiscal year before the end of the calendar year.
· Health insurance premium share increase by 6% for both individual and families, making the share 16% for individuals and 31% for family premiums.
· Random drug testing and drug testing for probationary employees in addition to reasonable suspicion testing.
· A labor/management committee to review all leave taken by officers, including annual, personal, sick, workers compensation, and the manner of such use. Recommendations will be made to the President of the Union and the GOER Director for implementation.
· A health plan opt out so officers can opt out through a spouse/partner to a non-State health plan. Under the opt out, participants would receive $1,000 individual/$3,000 family
· Officers will receive broad layoff protection. Workforce reductions due to management decisions to close or restructure facilities authorized by legislation, SAGE recommendations or material or unanticipated changes in the state's fiscal circumstances are not covered by this limitation.
Arbitrator’s disciplinary decision must be sustained by the court if there is a rational basis for, and sufficient evidence to support, the determination
Thursday, December 22, 2011
Court upholds appointing authority's rejection of hearing officer findings concerning employee's residence
Wednesday, December 21, 2011
Firefighter injured in an altercation with another firefighter during a New Year’s party at the firehouse denied accidental disability retirement benefits
Tuesday, December 20, 2011
Former employee's alleged constructive discharge and continuing violation claims rejected as untimely
Denial of tenure alleged to have been based on the educator’s exercising her First Amendment rights to free speech
Monday, December 19, 2011
Filing an appeal from an administrative decision in accordance with a grievance procedure does not toll the running of the statute of limitations for bringing an Article 78 action
Concerning the employee organization’s duty to honor a unit member’s request to challenge an arbitration award
Handbooks focusing on New York State and Municipal Public Personnel Law:
The Discipline Book - A 458 page guide to disciplinary actions involving public officers and employees. For more information click on http://booklocker.com/books/5215.html
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
The Disability Benefits E-book: - This e-book focuses on disability benefits available to officers and employees in public service pursuant to Civil Service Law §§71, 72 and 73, General Municipal Law §207-a and §207-c, the Retirement and Social Security Law, the Workers’ Compensation Law, and similar provisions of law. For more information click on: http://booklocker.com/3916.htmlA Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html
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