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N.B. §22 of 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.

NYPPL's most recent posting is set out below.

November 19, 2010

Employee terminated after being found guilty of falsifying his time records

Employee terminated after being found guilty of falsifying his time records
In the Application of Rodriguez, 258 AD2d 419

The Housing Authority terminated John Rodriguez after a disciplinary hearing officer found him guilty of claiming and obtaining overtime pay through the filing of false or misleading overtime records, including overtime pay for time spent commuting.

Rodriguez argued that because he was authorized to clock in and out at a place other than his work site, his claims for overtime were permitted under the Fair Labor Standards Act. The Appellate Division disagreed, stating that the agency’s imposing the “penalty of dismissal does not shock our sense of fairness given what was systematic dishonesty, misrepresentation and falsification of records” by Rodriguez.
NYPPL

NEW YORK PUBLIC PERSONNEL LAW ELECTRONIC HANDBOOKS

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State. For more information click on http://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - Determining an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

Disability Benefits for fire, police and other public sector personnel - Addresses retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information click on http://booklocker.com/books/3916.html

The Layoff, Preferred List and Reinstatement Manual -Focusing on relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

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Text prepared by Harvey Randall except as otherwise noted. Randall, former Principal Attorney, New York State Department of Civil Service, also served as Director of Personnel for the State University System; as Director of Research, Governor’s Office of Employee Relations; and as Staff Judge Advocate General, New York Guard. He has an MPA from the Maxwell School, Syracuse University and a J.D. from Albany Law School.