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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 in particular and possibly in other jurisdictions in general.
Mar 28, 2026
Selected items from Internet blogs posted during the week ending March 27, 2026
Mar 27, 2026
Former Fire Company Treasurer pleads guilty to stealing almost $75,000 from the Fire Company
State Comptroller Thomas P. DiNapoli, Ontario County District Attorney Jason MacBride, and Ontario County Sheriff David Cirencione announced that Jill Havens, the former Treasurer of the Citizens Hose Company in Shortsville, pleaded guilty to felony theft of nearly $75,000 over a four-year period.
“Jill Havens not only exploited the trust of the members of the fire company who volunteer their time to protect their community, but her community which the company serves,” DiNapoli said. “She will now be held accountable for her crimes and the Company made whole. I thank District Attorney MacBride and Sheriff Cirencione for their partnerships in rooting out fraud.”
“Today marks an important step in moving forward for the Citizens Hose Company", Cirencione said. “I am pleased Ms. Havens has taken responsibility for her actions and made a significant payment toward her restitution which will help the fire service in Shortsville fund necessary programs and equipment as intended. My thanks to now retired Inv. Doug Smith who spent countless hours pouring over financial records and interviewing witnesses in order to make an arrest in this case. Comptroller DiNapoli and his staff were instrumental in assisting us throughout this investigation. District Attorney Jason MacBride has now held Ms. Havens accountable for this significant theft. We encourage anyone who suspects that fraudulent activity is occurring in any non-profit or service organization to report it.”
Members of the Citizens Hose Fire Company alerted the Ontario County Sheriff’s Office and the Ontario County District Attorney’s Office when they suspected money was being stolen from the company. A joint investigation was then launched by DiNapoli’s Office, Ontario County Sheriff’s Office and the Ontario County District Attorney’s Office.
Havens served as the fire company’s treasurer from 2018 through August 2022. As treasurer she had access to the company’s bank account and credit card. Investigators found she issued unauthorized checks and made personal purchases with fire company funds, then altered the company’s financial records to conceal her crime. She used the money to pay off her credit cards, make retail purchases, and to pay for online video games.
Haven’s predecessor at the hose company was convicted of grand larceny in 2019, after an investigation by DiNapoli found that she had embezzled over $24,000 in company funds. In 2020, the Comptroller issued an audit report recommending various measures to enhance internal controls at the company.
Havens pled guilty to grand larceny in the second degree in Ontario County Court, in front of Judge Gregory McCaffery. She paid $40,000 in restitution today with the remainder due at sentencing.
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Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.ny.gov, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.
Mar 26, 2026
Failing to name all necessary parties to the litigation is fatal to petitioner's cause of action
Mar 25, 2026
Termination of a probationary employee during the individual's probationary period
The New York City Department of Correction (DOC) terminated an employee from her non-competitive class position without notice and hearing. DOC subsequently reinstated the employee but rejected her request for backpay, whereupon the employee sued DOC for the back pay she claimed was due her.
Although the parties disputed whether Petitioner had completed her probationary period by the date of her discharge, the Appellate Division said it need not resolve that dispute because, even if Petitioner had completed her probationary period, she would not have been entitled to a pretermination hearing under the Civil Service Law, which affords tenure protections to employees serving in non-competitive class titles only once they have completed at least five years of continuous service.
Citing Civil Service Law §77, the Appellate Division held that "Because petitioner was not discharged in violation of the Civil Service Law, there is no basis to order her reinstated with backpay."
With respect to termination of a probationary employee prior end of his or her maximum period of probation in York v McGuire, 63 NY2d 760, the Court of Appeals set out the basic rules concerning the dismissal of probationary employees as follows:
“After completing his or her minimum period of probation and prior to completing his or her maximum period of probation, a probationary employee can be dismissed without a hearing and without a statement of reasons, as long as there is no proof that the dismissal was done for a constitutionally impermissible purpose, or in violation of statutory or decisional law, or the decision was made in bad faith”.
Mar 24, 2026
Mission Accomplished Transition Services to present The Power of Mentorship featuring Coach Carmen and others.
Special Assistant for Intergovernmental & Community Affairs at the NYS Department of Public Service, Ezra P. Scott Jr, is hosting the next Albany Professionals Under 40 and Friends' [APF 40] networking event which will focus on the importance of mentorship. The meeting will be held on: