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.

Also, §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 typically follows this protocol.

June 2, 2004

TEACHER'S TENURE WAIVER HELD VALID


TEACHER'S TENURE WAIVER HELD VALID
Juul vs Hempstead School District #1, 76 A.D.2d 837, June 2, 1980

When a teacher was advised that his employment would not be continued beyond his probationary period, he requested that the "probationary period be extended" for a year and that he would not claim tenure by reason of his being continued in service. He also indicated in his letter to the School Board that "the Board may either grant or refuse me tenure" at the end of the additional year of "probation".

When the Board refused to grant tenure the following year, the teacher sued, claiming tenure had been acquired by his continuing in employment beyond the statutory probationary period. The Court held that "although there is language in some cases to the effect that the three year probationary period for teachers cannot be waived or extended (see Section 3012, Education Law) public policy is not violated by certain "knowing and voluntary waivers of the protections afforded by the Education Law".

The Court then concluded that under the facts of this case, the teacher knowingly and voluntarily waived such protection and his waiver was valid and enforceable.

The State Civil Service Commission, however, held the opposite in the case of a probationary employee who signed an agreement to serve an additional probationary period when faced with termination at the end of the original period of probation.

The provision of the Commission's Rule 4.5(a)(3) which permits such a second probationary period was held to require that the second probationary period be served in a different position and that a second probationary period in the same position was a nullity. The employee was found to have acquired permanent status upon completion of the original probationary period (Matter of Smith).

Other cases of interest in this area include Matter of Dwyer, 61 AD2 859; Baer vs Nyquist, 71 Misc2 471 (affirmed by both the Appellate Division and the Court of Appeals) and Abramovich vs Board of Education, 46 NY2 450.




May 12, 2004

Town may discontinue health insurance coverage under certain circumstances



Town may discontinue health insurance coverage under certain circumstances
Source: Informal Opinions of the State Comptroller, Op St Comp 80-105

The State Comptroller has issued an opinion indicating that a town may terminate the health insurance coverage of a retired town employee when the retiree becomes qualified for Medicare coverage benefits.

It appears that the views of the Comptroller would be limited to local governments which are not participating in the New State Employees’ Health Insurance Program as §167-a of the Civil Service Law controls with respect NYSHIP participating employers ins such situations.

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 http://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

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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


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://booklocker.com/books/3916.html


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