2013 NY Slip Op 04838, Court of Appeals
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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.
June 28, 2013
2013 NY Slip Op 04838, Court of Appeals
June 27, 2013
Unless the collective bargaining provides otherwise, the union decides whether it will file a grievance for an alleged violation of the CBA
2013 NY Slip Op 04411, Appellate Division, Third Department
June 26, 2013
Retirement System member retroactively reinstated to Tier I membership not entitled to employee contributions he or she made to the Retirement System as a Tier III member
June 25, 2013
Employee’s prior disciplinary record considered in recommending an appropriate penalty after being found guilty of certain disciplinary charges
The case usually cited as authority for considering the employee's personnel record in recommending a disciplinary penalty is Bigelow v Trustees of the Village of Gouverneur, 63 NY2d 470. Further, the employee’s consent is not required in order for the hearing officer or arbitrator to consider the employee’s personnel record in determining an appropriate penalty.
However, in the event the employee's personnel records will be considered in determining the disciplinary penalty, he or she must be advised of that fact and given an opportunity to explain or rebut anything in that record.
* A police officer is a public officer. Although all public officers are public employees, not all public employees are public officers.
June 24, 2013
A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click onhttp://nypplarchives.blogspot.com/
Considering Certificates of Relief from Civil Disabilities, Certificates of Good Conduct or an Executives Pardon in determining eligibility for public employment
June 23, 2013
Introduction of evidence of a finding of guilt in a prior disciplinary action in the course of a disciplinary hearing
June 22, 2013
DiNapoli Releases Fiscal Stress Scores for Local Communities
Two dozen communities in New York have been designated as fiscally stressed under State Comptroller Thomas P. DiNapoli’s new Fiscal Stress Monitoring System. The listincludes eight counties, three cities and 13 towns. A video release is available here.
DiNapoli Applauds Legislature for Passage of Superstorm Sandy Legislation
State Comptroller Thomas P. DiNapoli Tuesday commended the state Assembly and Senate for passing legislation to help local governments deal with the financial impact of Superstorm Sandy. The three bills submitted by DiNapoli will now go to the Governor. For copies of the complete legislation, visit: http://www.osc.state.ny.us/legislation/.
DiNapoli Commends Legislature For Action On Bill Calling For Tighter Oversight Of Special Education Providers
State Comptroller Thomas P. DiNapoli Friday commended the Legislature for passing legislation mandating audits of every special education services program provider for preschool children with disabilities in the state and urged Governor Cuomo to sign the bill to ensure taxpayer monies are spent as intended and to deter further provider fraud. This legislation was a program bill of the Office of the State Comptroller and was sponsored by Sen. John Flanagan (S.5568-A) and Assemblywoman Catherine Nolan (A.7302-A). For copies of the complete legislation, visit: http://www.osc.state.ny.us/legislation/.
DiNapoli: NYC Rental Housing Less Affordable
Housing is becoming increasingly unaffordable for rental households in New York City, with only 44 percent of all apartments considered affordable in 2011 for families earning the median income, according to a reportreleased Monday by State Comptroller Thomas P. DiNapoli.
DiNapoli: State Revenue Outpacing Estimates
State tax collections of $12.6 billion through May, rose 25.8 percent from collections during the same period last year, primarily due to non–recurring estimated Personal Income Tax payments made in April, according to the May Cash Report released Friday by State Comptroller Thomas P. DiNapoli.
June 21, 2013
Employee testified that his use of “Nazi” and “Fascist” directed towards his supervisors constituted profanity and was intended to be offensive
Further, Judge Gloade said that RM only expressed remorse that his statements, meant to be insults, “might not have hit their mark” because he “realized [his supervisors] didn't even know what [he] was talking about because they weren't even around when Nazis were current events.”
N.B. In Matter of Shafer, 2013 NY Slip Op 04571, Appellate Division, Third Department, an individual dismissed from her employment for “insubordinate behavior” that included rude, disrespectful and hostile conduct,was found guilty of disqualifying misconduct for the purposes of eligibility for Unemployment Insurance benefits by the Unemployment Insurance Appeal Board.
The decision is posted on the Internet at:
Governor Cuomo announces Senate confirmation of a number of individuals he nominated for appointment to various public offices
New York State Office of Temporary and Disability Assistance
Todd R. Snyder
Justice Center Advisory Council
Behavioral Health Services Advisory Council
Paul Samuels, JD
Other appointees include:
Mr. Lipper brings years of experience in public and private sector management and investment banking to the Port Authority. Since 1987 he has served as Chairman and Chief Executive Officer of Lipper & Co. LLC, an investment management and investment banking firm. He is has also been a Director of CNH Global NV, a leading agricultural and construction equipment company since 1996. Previously, Mr. Lipper was Executive Vice President and Senior Adviser of the leading global real estate firm Cushman & Wakefield. He also served as Advisor and Deputy Mayor to New York City under Mayor Ed Koch, and is a former adjunct professor at Columbia University’s Graduate School of International and Public Affairs.
J. Patrick Barrett
Other appointees include:
Jill Ruhm Broderick
Robert Francis Flacke
State Athletic Commission
John Signorile – Commissioner
Battery Park City Authority
State Council on the Arts
Saratoga-Capital District State Parks, Recreation and Historic Preservation Commission
Karen Lee Bilowith
Niagara Frontier Transportation Authority
LaVonne E. Ansari
Peter G. Demakos
Margo Dawn Downey
Michael P. Hughes
Adam W. Perry
Adirondack Park Agency
Allegany State Parks, Recreation and Historic Preservation Commission
Genesee State Parks, Recreation and Historic Preservation Commission
Niagara Frontier State Parks, Recreation and Historic Preservation Commission
Palisades Interstate State Parks, Recreation and Historic Preservation Commission
Howard G. Seitz
Thousand Island State Parks, Recreation and Historic Preservation Commission
Central New York State Parks, Recreation and Historic Preservation Commission
Cornelius B. Murphy
Finger Lakes State Parks, Recreation and Historic Preservation Commission
New York City State Parks, Recreation and Historic Preservation Commission
Allison Whipple Rockefeller
Niagara Frontier Transportation Authority
Charles (Sam) Gurney
Wesley Hicks, MD
Workers’ Compensation Board
Frances Libous (Vice Chair)
CUNY Board of Trustees
Alfreida D. Foster-Tolbert
State Insurance Fund
NYS Housing Finance Agency
Tax Appeals Tribunal
Roberta Moseley Nero
Advisory Council on Agriculture
Albany Pine Bush Commission
Steven Rice, PhD
Citizen’s Policy and Complaint Review Council
Nicholas A. LaBella
New York State Council on the Arts
Ogdensburg Bridge and Port Authority
Samuel James LaMacchia
June 20, 2013
Disciplinary action taken under the CBA notwithstanding the teacher’s requesting a hearing pursuant to the CBA “reversed on the law”
The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State a 2100+ page e-book. For more information click on http://booklocker.com/books/5215.html
June 19, 2013
Article 75 petition seeking to confirm an arbitration award holding the current CBA preserved the rights retirees obtained under previous CBAs granted by court
June 18, 2013
Bryant v Board of Educ., Chenango Forks Cent. Sch. Dist., 2013 NY Slip Op 04379, Appellate Division, Third Department
June 17, 2013
The Statute of Limitations for seeking payment of compensation alleged due an employee pursuant to a contract begins to run when the employee had a legal right to demand such payment
June 15, 2013
DiNapoli: Watertown Boasts Strong Finances
The City of Watertown has maintained a stable tax base, developed healthy revenue streams and built up rainy day reserves, according to a fiscal profile of the city issued by State Comptroller Thomas P. DiNapoli. The report was released June 12, 2013 in conjunction with the Comptroller’s 2013 Local Government Leadership Institute in Watertown.
DiNapoli: Auditors Uncover $3 Million in Improper Unemployment Insurance
State Comptroller Thomas P. DiNapoli uncovered up to $3 million in inappropriate unemployment insurance payments made by the Department of Labor, including payments to recipients who were ineligible because they were employed, had collected more than the maximum weekly benefits or were not authorized to work in the United States, according to a reportreleased June 14, 2013.
Comptroller DiNapoli Releases Municipal Audits
On June 13, 2013 New York State Comptroller Thomas P. DiNapoli announced that his office completed audits of:
Comptroller DiNapoli Releases Audits
On June 14, 2013 New York State Comptroller Thomas P. DiNapoli announced that his office completed the following audits:
The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in
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
SELECTED REFERENCES and BLOGS
- A Handbook addressing disciplining public employees
- A Handbook focusing on imposing reasonable disciplinary penalties
- A Handbook focusing on layoff and reinstatement
- A Handbook on Disability Benefits for public employees
- A sample personnel handbook
- Blogging Administrative Law
- Blogging Civil Rights Law
- Blogging Constitutional Law
- Blogging Disability Law
- Blogging Education Law
- Blogging Employment Law
- Blogging Government Law
- Blogging Human Rights Law
- Blogging Legal Information
- Blogging Military Law
- Blogging public libraries
- Catalog of Law Blogs
- Challenging Adverse Personnel Decisions
- Delaware Employment Law Blog
- Gotham schools newsroom - A NYC school news blog
- New York City ERS blog - by John Murphy
- NY Municipalities - NYMUNIBLOG
- ReformNY - by NYU's Brennan Center for Justice
- St. Lawrence County Civil Service Web Site
Subsequent court and administrative rulings, or additions or amendments to laws, rules and regulations may have modified or clarified or vacated or reversed or otherwise have had an impact on 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.
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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.