Only registered individuals may access the complete text of the material posted on New York Public Personnel Law. Access to the more than 4,500 case summaries, covering topics running from Abandonment of Position to Zone Scoring, currently requires a one-time payment of $195 [U.S.] as a Registration Fee for your permanent registration as a NYPPL user. Click the BUY NOW button below to pay your registration fee with your credit card via PayPal: • •
Your license key will be e-mailed to you the work-day following PayPals' approval of your payment. Any new or supplemental material that may be, from time to time, posted will be automatically made available to registered individuals without cost.

To search this database type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.

Monday, April 16, 2018

Posting a parody of a Facebook page and Free Speech Rights


Posting a parody of a Facebook page and Free Speech Rights 
Novak v. The City of Parma, et al., 17-CV-2148 (N.D. Ohio)

Hodgson Russ, LLP, a law firm with offices in Albany, New York, Buffalo, New York, Saratoga Springs, New York and New York City, has called attention to a recent federal court decision highlighting the potential for tension resulting from posting a "parody" of a Facebook page on Facebook and the First Amendment rights of the individual doing the posting, particularly when the page involves a governmental entity.

The firm notes that the decision is especially timely, considering the proliferation of "fake Facebook pages has gained significant notoriety since the 2016 Presidential Election and resulting Russia investigation."

The full text of the Hodgson Russ article is posted on the Internet at:

Thursday, April 12, 2018

Terminating the Special Counsel


In May 2017 Acting Attorney General Rod J. Rosenstein appointed Robert S. Mueller III, a former Director of the Federal Bureau of Investigation, as Special Counsel pursuant to the authority set out in 28 CFR 600. Mr. Mueller serves at the pleasure of Acting Attorney General.

Periodically there has been speculation in the media concerning possible efforts to terminate the Special Counsel from the position.

With respect to the removal of a Special Counsel, 28 CFR 600.7(d) provides as follows:

(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General [or, in the instant situation, Acting Attorney General Rosenstein or his successor, if any]. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.

Subparagraph (d) of Mr. Rosenstein's "ORDER NO. 3915-2017"* to Mr. Mueller setting out the terms and conditions of his appointment as Special Counsel provides that "(d) Sections 600.4 through 600.10 of the Code of Federal Regulations are applicable to the Special Counsel."

Also, 28 CFR 600.9 Notification and reports by the Attorney General, in pertinent part, provides:

(a) The Attorney General will notify the Chairman and Ranking Minority Member of the Judiciary Committees of each House of Congress, with an explanation for each action -

            (1) Upon appointing a Special Counsel;

            (2) Upon removing any Special Counsel; 

* ORDER NO. 3915-2017 
APPOINTMENT OF SPECIAL COUNSEL
TO INVESTIGATE RUSSIAN INTERFERENCE WITH THE
2016 PRESIDENTIAL ELECTION AND RELATED MATTERS

By virtue of the authority vested in me as Acting Attorney General, including 28 U.S.C. §§509, 510, and 515, in order to discharge my responsibility to provide supervision and management of the Department of Justice, and to ensure a full and thorough investigation of the Russian government's efforts to interfere in the 2016 presidential election, I hereby order as follows:

(a) Robert S. Mueller III is appointed to serve as Special Counsel for the United States Department of Justice.

(b) The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:

            (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; 

and

            (ii) any matters that arose or may arise directly from the investigation; 
and

            (iii) any other matters within the scope of 28 C.F.R. §600.4(a).

(c) If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters.

(d) Sections 600.4 through 600.10 of Title 28 of the Code of Federal Regulations are applicable to the Special Counsel.
 
Date 5/17/17                                   s/Rod J. Rosenstein

                                                          Acting Attorney General


Wednesday, April 11, 2018

Reassigning a member of the President's Cabinet to another Cabinet position


Recently there has been speculation in the media that should the incumbent Attorney General be dismissed or the position otherwise becomes vacant, the President could appoint another member of the Cabinet to the position without having to submit the nomination to the Senate for its advice and consent.* {see Article II.2.2 of the Constitution of the United States.

It appears that such an effort would unconstitutional except with respect to a "recess appointment" as was demonstrated during Andrew Jackson's presidency.

Roger B. Taney, then serving as President Jackson's Attorney General [1831-1833] was appointed to, and then held, a recess appointment as Secretary of the Treasury [1833-1834].

Jackson subsequently nominated Taney to become Secretary of the Treasury, an appointment necessarily to be "by and with the Advice and Consent of the Senate." The Senate, however, did not consent to Taney's nomination.**

This scenario suggests that "transferring" a member of the Cabinet to another position in the Cabinet requires "the Advice and Consent of the Senate" unless made as a "recess appointment" and if so made, will ultimately require affirmative action by the Senate for the individual serving pursuant to the authority of recess appointment to be continued in the office to which he or she has be "transferred."

* Article II.2.2 of the Constitution of the United States.

** Subsequently Taney joined the Supreme Court [March 15, 1836 - October 12, 1864] and served as Chief Justice, succeeding John Marshall.

Some of the topics addressed in the more than 4,500 cases summarized in New York Public Personnel Law.

Click on text highlighted in color to access the reference.

A collective bargaining agreement may expand an employer's obligation to provide information to an employee organization not specifically provided for by law


Only registered individuals may access the complete text of the material posted on New York Public Personnel Law. Access to the more than 4,500 case summaries, covering topics running from Abandonment of Position to Zone Scoring, currently requires a one-time payment of $195 [U.S.] as a Registration Fee for your permanent registration as a NYPPL user. Click the BUY NOW button below to pay your registration fee with your credit card via PayPal: • •
Your license key will be e-mailed to you the work-day following PayPals' approval of your payment. Any new or supplemental material that may be, from time to time, posted will be automatically made available to registered individuals without cost.

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

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.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.