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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.
January 31, 2014
January 30, 2014
Defending and indemnifying an educator sued in a civil action arising out of the exercise of his or her duties
January 29, 2014
An administrative disciplinary penalty that is within the discretion of the reviewing agency to impose will not be disturbed by the court
The Board of Regents suspended an individual’s [LPN] license to practice as a licensed practical nurse in New York for two years following her pleading guilty to petit larceny to satisfy charges against her for fraudulently obtaining unemployment insurance benefits.LPN was sentenced to three years of probation and ordered to pay restitution in the amount of $17,860.50.
January 28, 2014
Governor Cuomo believes that more New Yorkers than ever need to be prepared and be trained to respond in the event of an emergency. His goal: Provide 100,000 citizens with the tools they need to be ready and able to help their families and neighbors during emergencies
To achieve this, on February 1, 2014 the Governor will launch the Citizen Preparedness Corps Training Program that will train some 100,000 New Yorkers in the proper preparation for emergencies or disasters by December 31, 2014. The Governor explained that the program seeks to provide citizens of the State with the tools and resources to prepare for emergencies and disasters and to be able to respond and attain, as quickly as possible, to pre-disaster conditions in the event New York experiences a natural disasters.
Citizen Preparedness Corps training will begin on Saturday, February 1st in Richmond and Suffolk Counties at:
Saturday, February 1st, 2014 - Richmond County
New Dorp High School, 10:00 a.m. - 12:00 p.m.
465 New Dorp Lane, Staten Island, NY 10306
Saturday, February 1st, 2014 - Suffolk County
Farmingdale State College, 12:00 p.m. - 2:00 p.m.
Roosevelt Hall, Multipurpose Room
2350 Broadhollow Road, Farmingdale, NY 11735
Space is limited, and those wishing to participate must register in advance. Pre-registration for the training session is available at: http://www.nyprepare.gov/aware-prepare/nysprepare/
Training sessions will be led by New York National Guard personnel, working with experts from the Division of Homeland Security and Emergency Services’ Office of Emergency Management and Office of Fire Prevention and Control. All training sessions will be coordinated with local county emergency management personnel.
A key component of this training effort is the distribution of Citizen Preparedness Corps Response Kits that contain key items to assist individuals in the immediate aftermath of a disaster.
Each training participant [limited to one kit per family] will receive a free Citizen Preparedness Corps Response Starter Kit. The Starter Kit includes a plastic drop cloth; light stick; a First Aid Kit; a face mask; safety goggles; an AM/FM pocket radio with batteries; six packs of drinking water; six food bars; a regular flashlight and two D batteries; an emergency blanket; duct tape; work gloves; and a water bottle. As part of the training, participants will receive information about the other supplies and personal information that they should add to their personal Response Kit.
January 27, 2014
Highlights in New York State’s proposed Executive Budget 2014-2015 concerning the State's Workforce
Table of Contents
Director’s Message (PDF, 150KB)
2013 NY Slip Op 08495, Appellate Division, Third Department
January 26, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 25, 2014
DiNapoli: DOT Efforts to Police Trucking Companies Falling Short
The state Department of Transportation is not adequately monitoring whether commercial carriers whose vehicles or drivers have been taken off the road because of violations are making needed repairs or corrections, potentially putting the public at risk, according to an auditreleased January 22, 2014 by State Comptroller Thomas P. DiNapoli.
DiNapoli: Binghamton City School Finances Progressing
Prudent budgeting and proactive financial planning by officials in the Binghamton City School District have helped to improve the district’s fiscal condition, according to an audit issued January 24, 2014 by State Comptroller Thomas P. DiNapoli.
DiNapoli Announces State Contract & Payment Actions for December
State Comptroller Thomas P. DiNapoli announced Thursday his office reviewed 2,193 contracts valued at $9.8 billion and approved more than 2.3 million payments worth $11 billion in December 2013. His office rejected 205 contract transactions valued at $358 million and 1,390 payments valued at $1.9 million due to fraud, waste and other improprieties.
Comptroller DiNapoli Releases School Audits
New York State Comptroller Thomas P. DiNapoli Thursday announced his office completed audits of
January 25, 2014
New York State Offers New Exam For State Employment Opportunities
Source: New York State Department of Civil Service
New York State’s Department of Civil Service has announced a new examination program for job seekers with Bachelor’s degrees. The examination will be used to fill over one hundred entry-level professional titles in a range of disciplines. College seniors expecting to earn a Bachelor’s degree by September 1, 2014 are also encouraged to apply.
The PCO exam qualifies job seekers for general administrative titles. Job seekers can further establish their eligibility for select titles in areas such as health and human services, environmental conservation, science and finance by identifying concentrations of study or experience.
“The new application and questionnaire process expedites establishing minimum qualifications for a significant number of State employment opportunities,” said Civil Service Commissioner Jerry Boone. “We have eliminated the need for numerous specific exams by creating one test that will qualify candidates for a host of general positions. Candidates may also qualify for more specialized positions based on individual educational or work experience.”
After applying on-line, qualified job seekers will be scheduled to take the written PCO exam on either March 22nd or 23rd 2014. Applications must be entered on-line by Wednesday, February 5th. An application fee of $35 is required.
To view the introductory video, questionnaire and application, visit www.cs.ny.gov and click on “Check out Professional Career Opportunities.”
January 24, 2014
The “Rule of Necessity” permits a tribunal, the members of which could be affected by the decision, to decide a case or controversy
January 23, 2014
N.B. The Memorandum cautions that "It is essential that any employee denied a return to duty pending a hearing be provided with written notice that such action is being taken pursuant to CSL §72(5) and notified of the reasons for such action."
January 22, 2014
January 21, 2014
An arbitration award can be vacated if the award or order does not resolve the controversy submitted to the arbitrator
January 18, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 18, 2014
DiNapoli: 87 School Districts in Fiscal Stress
Eighty–seven school districts, 13 percent of school districts statewide, have been designated as fiscally stressed under State Comptroller Thomas P. DiNapoli’s Fiscal Stress Monitoring System. DiNapoli’s office evaluated 674 school districts with fiscal years ending on June 30, 2013.
DiNapoli: Buffalo’s Financial Condition Improves
The city of Buffalo’s finances have stabilized in recent years because of careful budget planning, the oversight of a fiscal control board and increased state aid, according to a report issued Monday, January 13, 2014 by State Comptroller Thomas P. DiNapoli. The report is part of a series of fiscal profiles on municipalities across the state.
DiNapoli: School District Revenue Growth Slows
New York’s school districts have faced major fluctuations in their federal and state aid over the last decade and revenue growth was nearly flat the last three years, averaging only 1.3 percent, according to a reportissued Tuesday by State Comptroller Thomas P. DiNapoli. The report is part of DiNapoli’s fiscal stress initiative which is focusing greater attention on the issues that contribute to the financial pressures on local governments and school districts across the state.
DiNapoli and Investor Group Reach Shareholder Agreement with FirstEnergy
FirstEnergy, an Ohio–based energy producer, has agreed to produce a comprehensive report on the company’s plan to reduce greenhouse gas emissions, New York State Comptroller Thomas P. DiNapoli announced January 15, 2014. As a result, a shareholder resolutionco–filed by DiNapoli, Connecticut Treasurer Denise L. Nappier on behalf of the Connecticut Retirement Plans and Trust Funds, and investment group As You Sow has been withdrawn.
DiNapoli: Some Taxpayer Check–Off Donations Not Utilized for Worthy Causes
New Yorkers have contributed more than $51 million for worthy causes through check–offs on their personal income tax forms, but these funds often sit unused, according to a report issued January 15, 2014 by New York State Comptroller Thomas P. DiNapoli. More than $14 million has accumulated in six check–off funds, with nearly 90 percent of that for health–related causes including breast cancer, prostate cancer and Alzheimer’s disease.
DiNapoli: State Tax Receipts Below Projections Three Quarters Through Fiscal Year
State tax receipts for the first three quarters of the fiscal year were $534 million below the latest Financial Plan projections, according to a quarterly report on state finances released Friday by State Comptroller Thomas P. DiNapoli.
Comptroller DiNapoli Releases School Audits
New York State Comptroller Thomas P. DiNapoli on January 15, 2014 announced his office completed audits of
Comptroller DiNapoli Releases Municipal Audits
New York State Comptroller Thomas P. DiNapoli on January 15, 2014 announced his office completed audits of:
Comptroller DiNapoli Releases State Audits
New York State Comptroller Thomas P. DiNapoli announced on January 17, 2014 the following audits have been issued:
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
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 on http://nypplarchives.blogspot.com/
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.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, REMEMBER THAT 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 DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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 in this blog is presented with the understanding that the publisher, editor, contributors or members of the staff are not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.
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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.