Wednesday, July 31, 2013
Internal Revenue Service to host a free “Online Presentation” for government employers rehiring former employees
Tuesday, July 30, 2013
DiNapoli Applauds NYSE Euronext for Joining the United Nations’ Sustainable Stock Exchanges Initiative
New York State Comptroller Thomas P. DiNapoli Wednesday commended NYSE Euronext, the parent company of the New York Stock Exchange (NYSE), for joining the United Nations Sustainable Stock Exchanges Initiative. NYSE Euronext made the announcement Wednesday at an event held at the NYSE with DiNapoli, NYSE Euronext CEO Duncan L. Niederauer and United Nations Secretary–General Ban Ki–moon.
DiNapoli: State Overpaid $7.8 Million For Hospital Admissions
The state Department of Health improperly paid hospitals $7.8 million for lengthy acute care admissions because hospitals billed Medicaid for higher levels of care than was actually delivered to patients, according to an auditreleased Thursday by New York State Comptroller Thomas P. DiNapoli.
DiNapoli: OPWDD Overpaid Contractor $1.1 Million
The state Office for People with Developmental Disabilities (OPWDD) overpaid a contractor by more than $1.1 million because it based payments on budgeted, rather than actual expenses, according to an auditreleased Friday by New York State Comptroller Thomas P. DiNapoli. DiNapoli’s auditors raised concerns that if OPWDD continues to pay contractors based on budgeted rather than actual cost, millions of dollars in additional overpayments could be made to contractors.
DiNapoli: Economic Recovery Helps Balance New York City Budget
A strong economy, bolstered by job gains that have outpaced the nation, have helped balance the New York City Fiscal Year 2014 budget and maintained services at current levels without raising taxes, according to a reviewof the city’s financial plan released Tuesday at the annual meeting of the Financial Control Board by New York State Comptroller Thomas P. DiNapoli. DiNapoli cautioned that despite smaller out–year budget gaps, significant risks to the budget remain.
The appointing authority is not required to read every page of the transcript taken at a disciplinary hearing
In this instance, the court commented, the Trooper failed to demonstrate that the appointing authority "made no independent appraisal and reached no independent conclusion”, quoting Matter of Kilgus v Board of Estimate of City of N.Y., 308 NY 620, 628 .
Saturday, July 27, 2013
Project Sunlight to give public access to database of who appears before state departments and agencies
On July 26, 2013 Governor Andrew M. Cuomo announced the launching of the Project Sunlight database on the Internet at projectsunlight.ny.gov, a searchable database providing an in-depth view of the individuals and entities appearing before New York State government entities concerning non-legislative matters
Project Sunlight lists meetings between government officials and outside individuals, entities, and their internal or external representatives related to state procurement, rate-making, regulatory matters, agency-based judicial or quasi-judicial proceedings, and the adoption or repeal of rules and regulations.
A Project Sunlight Policy was developed to facilitate reporting and to clarify what is and is not reported in the database:
Meetings Included in Project Sunlight:
Meetings NOT Included in Project Sunlight:
Appearances related to state procurement
Appearances for the sole purpose of requesting information
Appearances related to rate-making
Written or telephone communications
Appearances related to regulatory matters
Appearances regarding legislation or the budget, or any intergovernmental interactions
Appearances related to agency-based judicial or quasi-judicial proceedings
Appearances that are treated as confidential pursuant to federal or state law, or which, if disclosed, could endanger the life or safety of any person.
Appearances related to adoption or repeal of rules and regulations
Participation in meetings that are open to the public (and thus already reported elsewhere)
Friday, July 26, 2013
Educator claiming a preferred list should be used to fill a vacancy has the burden of demonstrating that the two positions are similar within the meaning of Education Law §3013
* Civil Service Law §81 sets out the rights of employees in the classified service with respect to use of preferred lists for the purpose of reinstatement of employees laid-off from their position to the same or a similar position, or a position in a lower grade.
Terminated employee’s work-related dishonest constitutes disqualifying misconduct for the purposed of eligibiity for unemployment insurance benefits
The claimant for unemployment insurance was terminated from her position because she  took a computer cord from the workplace without permission so that she could use it on her personal computer at home and  using the employer's company cellular phone for her personal use in violation of the employer's policy, causing the employer to incur additional charges for the excess minutes.
A reprimand “to be expunged” from the employee’s personnel record if he or she does not repeat to offense within a specified period of time is not a penalty authorized by law
Thursday, July 25, 2013
Civil Service Law §106 does not authorize an individual to maintain a private cause of action based on alleged violation of the statute
Wednesday, July 24, 2013
Dismissal of disciplinary charges recommended because superior condoned the employee's alleged failure to follow department policy
The threshold decision as to the arbitrability of a matter is to be made by the court absent the parties “clear and unmistakable agreement to arbitrate arbitrability”
In the Matter of the Arbitration of Sherwood (Kirkpatrick), 2013 NY Slip Op 05372, Appellate Division, Third Department
While a collective bargaining agreement (CBA) was in effect, the Dryden Central School District (District) and Dryden Faculty Association (Association) entered into a separate memorandum of understanding (MOU) in which the parties  recognized the Association as the bargaining unit representative for all regularly appointed registered professional nurses working in the District,  agreed upon the nurses' terms and conditions of employment, and  agreed that the terms and conditions set out in the MOU would remain in effect until incorporated into the next collective bargaining agreement following the expiration of the then current CBA
An employee removed from his or her position by a civil service commission pursuant to Civil Service Law §50.4 is not entitled to a pre-termination hearing
Tuesday, July 23, 2013
On July 23, 2013, Governor Andrew M. Cuomo announced that Estate Tax refunds are available to qualified spouses of same-sex couples. Refunds may be available as a result of the recent United States Supreme Court decision, United States v. Windsor, in which the Court held that §3 of the Defense of Marriage Act (DOMA) is unconstitutional.
Additional information can be found on the Tax Department’s memorandumon estates of same-sex couples.
The Unemployment Insurance Appeal Board may apply the doctrine of collateral estoppel in denying a claimant UI benefits based on a disciplinary arbitration that led to the claimant’s dismissal
Contract provision providing for the temporary appointment of a substitute teachers held a waiver of the educator’s statutory entitlement to a permanent appointment
Monday, July 22, 2013
An administrative agency’s rules and regulations must be consistent with and supplemental to the legislation relied upon by the agency for their promulgation
Kigin v State of N.Y. Workers' Compensation Bd., 2013 NY Slip Op 05360, Appellate Division, Third Department
The Appellate Division ruled that the Board acted within its legislatively conferred authority in this instance.
Sunday, July 21, 2013
Governor Cuomo announces approval of 2014 health insurance plan rates for New York Health Benefit Exchange
Enrollment for the exchange begins on October 1, 2013 for coverage that will be effective January 1, 2014.
Saturday, July 20, 2013
A.G. Schneiderman & State Comptroller DiNapoli Announce Arrest of Not–For–Profit Executive in Five–Year Public Corruption Scheme
Attorney General Eric T. Schneiderman and Comptroller Thomas P. DiNapoli Tuesday announced the arrest of a nonprofit executive accused of pocketing tens of thousands of dollars in taxpayer funds intended for public services in New York City. The joint investigation conducted by the Office of the Attorney General and the State Comptroller–s office revealed that Van R. Holmes —— the president of the Young Leaders Institute, Inc. —— stole more than $85,000 by creating dozens of false records and forged documents which he filed with State and City agencies in order to obtain public money.
DiNapoli: Binghamton Facing Fiscal Challenges, But Outlook Improving
The city of Binghamton is grappling with high rates of unemployment and poverty, but its outlook is improving as it builds up reserve funds, according to a fiscal report issued Thursday by State Comptroller Thomas P. DiNapoli. The report is part of a series of fiscal profiles on cities across the state.
DiNapoli: Lax Board Oversight Allowed Former Village of Old Field Treasurer to Steal Nearly $60,000
Poor oversight by the Board of Trustees of the Village of Old Field allowed its former Treasurer Andrea Brosnan to steal nearly $60,000 in village funds without detection, according to an auditreleased Wednesday by New York State Comptroller Thomas P. DiNapoli. The findings of the audit were shared with Suffolk County District Attorney Thomas J. Spota whose office charged Brosnan with second–degree grand larceny, first–degree falsifying business records, defrauding the government and official misconduct on May 22. Criminal proceedings are pending.
DiNapoli: State Tax Receipts Down in June, but Overall State Fiscal Picture Positive
Personal Income Tax and business tax collections were down in June compared to last year, but the state’s General Fund balance ended the month higher than anticipated, in part because of a $250 million regulatory settlement, according to the June cash report released Wednesday by New York State Comptroller Thomas P. DiNapoli.
DiNapoli Finds Questionable Charges for Rochester Special Education Provider
The Norman Howard School, a Rochester–based special education provider, submitted more than $200,000 in improper charges over a three–year period, mostly for salaries that went to uncertified teachers, according to an auditreleased Tuesday by New York State Comptroller Thomas P. DiNapoli.
DiNapoli Finds Budgeting Problems at East Ramapo Central School District
Poor financial practices by the East Ramapo Central School District, including inaccurate budget estimates, have left the district with operating deficits for the past two years and could jeopardize future district operations, according to an auditreleased Friday by State Comptroller Thomas P. DiNapoli.
DiNapoli: State Improperly Overpaid Oneonta Dentist $66,000
The state Department of Health improperly paid an Oneonta dentist $66,402 for 2,361 inflated or questionable Medicaid claims he submitted for unwarranted services, including “behavior management,” and dentures that were not delivered to the recipients, according to an auditreleased Monday by New York State Comptroller Thomas P. DiNapoli.
DiNapoli Urges President Obama To Direct Federal Agencies To Adopt “Place Of Celebration” Standard For Recognition Of Same–Sex Marriages
New York State Comptroller Thomas P. DiNapoli Friday released a letterto President Barack Obama calling on him, in light of the recent Supreme Court decision overturning the Defense of Marriage Act, to direct all federal agencies under his control to adopt a marriage “Place of Celebration” standard. This would require federal agencies and programs to recognize all valid same–sex marriages, regardless of the current residence of the same–sex spouses.
Comptroller DiNapoli Releases Municipal Audits
New York State Comptroller Thomas P. DiNapoli Friday announced his office completed audits of:
New leaders of the Office for People with Developmental Disabilities (OPWDD) and the Office of Mental Health [OMH] nominated by Governor Cuomo
Friday, July 19, 2013
Services provided to an educational institution by a student at the institution is not employment for the purposes of eligibility for unemployment insurance benefits
Thursday, July 18, 2013
The decision is posted on the Internet at:
Workers’ compensation claim for the employee’s attorney fees awarded after carrier made full reimbursement for wages paid an employee injured on the job
A police officer submitted a claim for workers' compensation benefits after sustaining a fractured wrist on the job. The employer did not controvert the claim and paid the officer full wages during the period of his disability. The employer than sought reimbursement from its workers' compensation carrier for the wages it had paid the police officer.
Wednesday, July 17, 2013
Failure to establish a prima facie case of unlawful discrimination or retaliation within the meaning of Executive Law §296 requires the dismissal of the complaint
Adeniran v State of New York, 2013 NY Slip Op 03441, Appellate Division, Second Department
Caroline Adeniran brought an action in the State's Court of Claims seeking to recover damages for her allegedly suffering a “retaliatory discharge” in violation of Executive Law §296. Court of Claims Judge Lupez-Summa dismissed Adeniran’s complaint and she appealed.
The allocation of positions in the public service to salary grades is a permissive rather than a mandatory subject of collective bargaining
Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:
The Discipline Book at http://thedisciplinebook.blogspot.com/
Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com
The Disability Benefits E-book: at http://section207.blogspot.com/
Layoff, Preferred Lists at http://nylayoff.blogspot.com/
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