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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.

November 15, 2013

Employee terminated after being found guilty of “excessive absence”


Employee terminated after being found guilty of “excessive absence”
2013 NY Slip Op 07430, Appellate Division, First Department
The Appellate Division sustained the termination of a Senior Court Officer [Appellant] employed by the Unified Court System following a disciplinary hearing. The hearing office determined that that Appellanthad engaged in misconduct by missing 197 days of scheduled work assignments in the course of a 14-month period and recommended that he be dismissed from his position.

The appointing authority adopted the findings and recommendation of the hearing officer and terminated Appellant. .

The Appellate Division sustained the appointing authority’s decision, noting that substantial evidence supported the hearing officer’s determination.

Noting that Appellant’s absences “were not caused by his psychological disorders,” court said that the penalty imposed by the appointing authority, termination, did not shock its sense of fairness, citing Dickinson v NYS Unified Court System, 99 AD3d 569.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_07430.htm
.

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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