Thursday, February 28, 2013
Use of hearsay evidence in an administrative disciplinary proceeding
Wednesday, February 27, 2013
An educator’s tenure rights are not sacrosanct and should yield to administrative decisions based on economics and sound educational policy
However, the court noted, tenure rights are not sacrosanct and "should yield to decisions based on economics and sound educational policy." In such situations the board of education bears the burden of proving that it was impossible to adjust schedules to retain the more senior teacher, and this burden can be met with proof that proposed schedules are "not educationally or financially feasible."
Tuesday, February 26, 2013
US Department of Labor – Decisions of the Administrative Review Board
A FOIL request seeking the names of a public retirement system’s retirees may be denied by the custodian of the records as exempt from disclosure
Monday, February 25, 2013
Bath Volunteer Fire Department not a public agency for the purpose of contractor's paying prevailing wages pursuant to Labor Law §220
M.G.M. Insulation, Inc. v Gardner, 2013 NY Slip Op 01017, Court of Appeals
After BVFD determined that the facility was no longer adequate for its needs and the Village declined to build it a new firehouse, BVFD commissioned a feasibility study and obtained its own financing for the construction of a new facility. Ultimately BVFD acquired land and in 2006 employed R-J Taylor General Contractors, Inc. (Taylor) as the general contractor to build the facility. Taylor subsequently hired a number of subcontractors to construct the various portions of the firehouse.
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli
Independent Review of State Pension Fund Finds DiNapoli’s Reforms Highly Effective
New York State Comptroller Thomas P. DiNapoli Tuesday released an independent review of the New York State Common Retirement Fund (Fund) that found it is well–run, operates with an industry–leading level of transparency and invests effectively on behalf of its members. The review by Funston Advisory Services, required as part of robust oversight reforms pushed by DiNapoli, determined the Comptroller is fulfilling his fiduciary responsibilities and that Fund employees act within ethical and professional standards.
Attorney General Eric T. Schneiderman and Comptroller Thomas P. DiNapoli Wednesday announced that the co–defendants in the case of former New York Senator Shirley L. Huntley have pleaded guilty for their roles in an illegal member item theft scheme and a cover up. Patricia Savage, Senator Huntley’s aide and president of Parent Workshop, a bogus nonprofit, and Lynn Smith, Senator Huntley’s niece and the treasurer of Parent Workshop, pleaded guilty today to the felony of Attempted Grand Larceny in the Third Degree, and agreed to pay $29,950 in restitution to the state of New York, the full amount of taxpayer dollars they had stolen. A third co–defendant, David Gantt, pleaded guilty to the charge of Falsifying Business Records in the Second Degree.
New York State Common Retirement Fund Announces Third Quarter Results
The New York State Common Retirement Fund’s (Fund) rate of return for the third quarter ending December 31, 2012 was 1.74 percent, according to New York State Comptroller Thomas P. DiNapoli. The Fund’s estimated value at the end of the third quarter was $152.9 billion, near its historical high.
The City of Yonkers has persistently faced significant budget gaps which have caused the city to draw down its fund balance. Recent declines in state aid, property values and growing school demands have added to the city’s financial challenges, according to a report released Wednesday by New York State Comptroller Thomas P. DiNapoli. Yonkers officials have started making tough choices needed to bring the City’s budget into structural balance. The report is the latest in a series of fiscal profiles on cities across the state released by the Comptroller’s office.
The City of Syracuse is confronted by a large number of vacant and tax–exempt properties, low rates of home ownership and decreased home values, according to a report released Wednesday by State Comptroller Thomas P. DiNapoli. The rating agencies credit Syracuse for having a relatively strong financial position, but caution the City is susceptible to adverse economic conditions. The report is the latest in a series of fiscal profiles DiNapoli will issue on cities across the state.
Qualcomm Incorporated and the New York State Common Retirement Fund (Fund) were pleased to announce Friday that following informative discussions, the Fund has decided to withdraw the lawsuit it filed on January 2, 2013. Qualcomm will implement a revised political spending disclosure policy which is now available on its website.
Sunday, February 24, 2013
Governor Cuomo introduced 30-day amendments to the Executive Budget
1. Implement teacher evaluation system in New York City. Under the Governor’s leadership, the state passed a comprehensive teacher evaluation system for every district across New York State. Though 99 percent of districts were able to reach an agreement on a plan with their local teacher unions, submit it to the state, and have their plan approved by the State Education Department before their January deadline, New York City failed to so. As a result, it lost $240 million in state aid and is in danger of losing additional funds if an evaluation system is not in place this year.
In the event the City and its collective bargaining units fail to reach agreement on a teacher evaluation system by the end of May, an expedited arbitration process, led by the Commissioner of Education, will occur. Following hearings and a review of evidence, the Commissioner, by June 1st, will make a final, written determination on the structure of a teacher evaluation system for New York City schools. This legislation will ensure that New York City students and educators will not see another school year go by without the timely feedback, professional development, and accountability that a robust teacher evaluation plan will provide.
2. Expand availability of the Stable Pension option. The stable pension contribution rate for local governments and schools, submitted as part of the Executive Budget, will provide a new tool for local governments to access the long-term savings from Tier VI and have greater predictability in their fiscal planning. Given the positive response to this proposal from sectors who asked to take advantage of the program but were not initially included, the Governor would expand eligibility to include BOCES and three local public hospitals – Nassau University Medical Center, Westchester Medical Center, and Erie County Medical Center. The county sponsors of the three hospitals included in this amendment, as well as their taxpayers, have a direct interest in financial condition of these institutions and, therefore, the stable pension option is a viable approach to meeting local fiscal demands.
The entire list of 30-day amendments is available at http://budget.ny.gov
Friday, February 22, 2013
Court of Appeals holds that a “residency policy” requiring municipal workers to be domiciled within the geographical boundaries of the jurisdiction serves a "legitimate purpose"
The policy's implementing regulations define "residency" as "an individual's actual principal domicile* at which he or she maintains usual personal and household effects."
Addressing the implementing regulations, the court noted that the regulation define "residency" as "an individual's actual principal domicile at which he or she maintains usual personal and household effects." This definition, said the court, may be criticized for redundancy or surplusage, but not ambiguity. The word "domicile" alone is enough to convey the sense that the Board mandates that District employees live in Niagara Falls "with intent to make it a fixed and permanent abode."
Public entities may have monies being held in State Comptroller's Abandoned Property Fund
Name
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Address
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Reported By
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ROPES & GRAY LLP
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STATE FARM FIRE &
CASUALTY CO
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NATIONAL FINANCIAL SERVICES
LLC
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EMPIRE BLUE CROSS &
BLUE SHIELD
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NATIONWIDE RETIREMENT
SOLUTIONS
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TELECHECK SERVICES INC
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SUBURBAN PROPANE PARTNERS LP
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AMERIGAS PROPANE LP
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PEARSON EDUCATION INC
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TRAVELERS INDEMNITY CO
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MERCHANTS MUTUAL INSURANCE
CO
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VERIZON
WIRELESS
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NEW
YORK TELEPHONE CO
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COCA
COLA ENTERPRISES INC
|
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AT&T
CORP
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TIME
WARNER ENTERTAINMENT CO L P
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SHAKLEE
U S LLC
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EDUCATIONAL
TESTING SERVICE
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NEW
YORK TELEPHONE CO
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EDUCATIONAL
TESTING SERVICE
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HEWLETT
PACKARD CO
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PRUDENTIAL
INSURANCE CO OF AMERICA
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AETNA
LIFE INSURANCE & ANNUITY CO
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CHEMTURA
CORP
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CITIBANK NEW YORK STATE
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HSBC FINANCE CORP
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CDW LLC
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EDP RENEWABLES NORTH
AMERICA L
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NEW YORK TELEPHONE
|
|||
CITIBANK NA NATIONAL
COMPLIANCE GRP
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EXCELLUS HEALTH PLAN INC
|
|||
TIME WARNER ENTERTAINMENT
CO L P
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ALFRED UNIVERSITY
|
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GALLS LLC
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STATE OF CALIFORNIA
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MARRIOTT INTERNATIONAL INC
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COCA COLA REFRESHMENTS USA
INC
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MARRIOTT INTERNATIONAL INC
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VERIZON NEW YORK INC
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UNITED STATES LIFE
INSURANCE CO
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CITIBANK N A
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SAM ASH MUSIC CORPORATION
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BANKERS TRUST CO
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Electronic books [e-books] focusing on New York State and Municipal Public Personnel Law:
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 Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. 2100+ page e-book. For more information click on http://thedisciplinebook.blogspot.com/
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://nylayoff.blogspot.com/
General Municipal Law §§207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1098 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/
Caution:
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THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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- The Public Employment Law Press
- A LawBlog addressing New York State public personnel law issues.

