ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

November 02, 2011

Part-time paid elected official cannot continue receiving unemployment insurance benefits while serving in office


Cass v Commissioner of Labor, 296 A.D.2d 759

Donald M. Cass applied for and was granted unemployment insurance benefits. While he was collecting unemployment insurance benefits, however, Cass was also serving as a member of the Geneva City Council and received a salary of $208.33 per month. Later Cass was sworn in as the Mayor of the City of Geneva, a part-time position for which he was paid $625 per month. He continued to collect unemployment insurance benefits while serving at Mayor.

The Unemployment Insurance Appeal Board [Board] ruled that Cass was ineligible for benefits because he was not totally unemployed during the time he was receiving unemployment benefits and, in addition, it concluded that he had made willful false statements in order to receive these benefits.

According to the Appellate Division's decision, Cass testified that he had mentioned his status as an elected official when he first applied for benefits and was told, by a clerk at the local unemployment insurance office, not to "worry about it". Thus, he contended, he did not reveal that he had received these payments when he made his weekly certifications for benefits.

In contrast to Cass' testimony, the record before the Board included testimony from the clerk who took Cass' application that if claimant had mentioned his status as an elected official, she would have made a note of it on his application for benefits, and she had not done so. In addition, the record included testimony from another Labor Department representative indicating that she had spoken to Cass concerning his benefits and had specifically instructed him that he was required to report any activities performed by him as an elected official during the benefit period.

The Appellate Division sustained the Board's determination. It concluded that there was substantial evidence in the record to support the Board's finding that Cass was ineligible for benefits because he was not totally unemployed at the time and its further finding that he willfully made false statements in order to obtain benefits.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case 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. AGAIN, 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, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com