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State of New York vs. COVID-19 - Governor Andrew M. Cuomo periodically updates New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The latest reports of the number of new cases, the percentage of tests that were positive and many other relevant data points concerning COVID-19 are available at forward.ny.gov.

N.B. §22 of the New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL applies this protocol to individuals referred to in a decision self-identifying as LGBTQA+.

November 19, 1997

Reopening a PERB proceeding


Reopening a PERB proceeding
Matter of Chenango Forks CSD, 29 PERB 3057

If a party agrees to have a proceeding "administratively closed," it cannot later argue that it was an error to reopen the proceeding. This was one of several issues included in exceptions of a PERB administrative law judge's resolution of charges filed against the Chenango Forks Central School District by the Chenango Forks Transportation Association.

The Association charged the District with violating §§209-a.1(a),(c) and (d) when it unilaterally directed both the Association's president and its secretary from discussing union business on school property.

Although the charge had been "administratively closed," the District consented to its being reopened by PERB's administrative law judge. Ultimately the administrative law judge ruled that the District had violated the Taylor Law when it unilaterally barred employees from discussing employment issues while on school property.

The District's exception to this determination contended that "the administrative law judge erred by allowing the Association to reopen the charge because the Association had not filed a second notice of claim pursuant to Education Law §3813 when the case was reopened.

PERB rejected the District's argument, succinctly commenting that "the District agreed to reopen the case and it cannot now argue that the reopening was error." According to PERB, by agreeing to the reopening, "the District waived any claim the reopening should have been denied."



Public Personnel Law E-books

The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on https://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on http://booklocker.com/books/7401.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

Disability Leave for fire, police and other public sector personnel - A 1098 page e-book focusing on disability benefits available to public officers and employees employed by New York State and its political subdivisions. For more information click on http://booklocker.com/books/3916.html