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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.
April 30, 2014
Post-hearing conduct of the employee not considered by the hearing officer in making an administrative decision
April 29, 2014
April 28, 2014
April 25, 2014
Civil Service Commission's decision in an appeal to the employer's disciplinary determination is reviewable by the court
Complaint alleging violations of the State’s and New York City’s Human Rights Laws dismissed for failure to establish a prima facie case of unlawful discrimination
April 24, 2014
"Any information reported to the electronic facilitator by a government entity in connection with the authorization of an electronic signature shall continue to be withheld from public disclosure if such information was withheld from public disclosure by such government entity. Electronic records shall be considered and treated as any other records for the purposes of the freedom of information law as set forth in article six of the public officers law and the personal privacy protection law as set forth in article six-A of the public officers law.
An employee who becomes unavailable for work as a result of other employment may be terminated from his or her position
April 23, 2014
State voters may amend a state's constitution to prohibit consideration of racial preferences with respect admission to colleges and universities if it does not reflect a racially discriminatory purpose
The summary of the decision set out below was prepared by Justia.
The text of the decision, the several concurring opinions and the dissent are posted on the Internet at: http://www.law.cornell.edu/supremecourt/text/12-682
Petitioner’s employer had notified Petitioner that his employment would be terminated because he did not meet the "minimum qualifications" of his position as he had not secured and/or maintained a valid New York State driver's license.” Alleging that the Employer’s determination was arbitrary, capricious and made in bad faith, Petitioner argued that:
April 22, 2014
As the Court of Appeals noted in Frasier v Board of Educ. of City School Dist. of City of N.Y., 71 NY2d 763, where there has been an unlawful removal from service, back pay is authorized upon reinstatement.
New York State Comptroller Thomas P. DiNapoli offers proposal to encourage better local government budgeting practices
New York State Comptroller Thomas P. DiNapoli has introduced a proposed bill* aimed at helping local governments across New York improve their long-term budget planning. The bill would provide reimbursement from the state to municipalities for costs incurred for hiring financial advisors to assist in the development of multi-year budget plans.
Key elements of the proposed legislation include providing for counties, cities, towns and villages identified as fiscally stressed to be reimbursed by the state’s Financial Restructuring Board for Local Governments for all or part of the costs associated with long-term budget planning and multi-year financial planning to enable these entities to develop revenue and expenditure trends, establish long-term priorities and goals, and take into consideration the impact of near-term budgeting decisions on future fiscal years.
* Comptroller’s Program Bill #35. The proposed legislation is part of the Comptroller’s fiscal stress initiative that includes the creation of a Fiscal Stress Monitoring System for local governments. The system, implemented in 2013, uses financial indicators that include year-end fund balance, cash position and patterns of operating deficits to create an overall fiscal stress score which classifies whether a municipality is in “significant fiscal stress,” in “moderate fiscal stress,” is “susceptible to fiscal stress,” or “no designation.” As of April 22, 2014, DiNapoli’s monitoring system has identified a total of 142 municipalities in some level of fiscal stress. This includes 16 counties, 18 towns, five cities, 16 villages and 87 school districts.
The Warren M. Anderson Breakfast Series Seminar’s Campaign Finance session is scheduled for April 29, 2014
Applying for accidental disability retirement and performance of duty disability retirement benefits
April 21, 2014
April 19, 2014
On April 17, 2014, New York State Comptroller Thomas P. DiNapoli announced the following audits have been issued:
New York City Department of Environmental Conservation: Controls Over Computers (Follow-Up) (2013-F-27)
An initial audit report, issued in January 2012, found that the department did not place enough priority on ensuring that computer assets were properly controlled and appropriately used. Auditors concluded that these weak management practices increased the risk that equipment may be misappropriated, or used for personal use. In a follow-up, auditors found the department has made some progress in addressing the issues identified in the initial report, but additional improvements are still needed. Of the four prior recommendations, one has been implemented, two have been partially implemented, and one has not been implemented.
State Department of Health: Medicaid Payments for Medicare Part A Beneficiaries (Follow-Up) (2013-F-16)
An initial audit report issued in September 2010 identified $14 million in potential Medicaid overpayments for claims pertaining to 2,564 individuals enrolled in both Medicaid and Medicare. Auditors recommended the Department of Health (DOH) improve its detection of Medicare Part A coverage for Medicaid recipients and prevent improper payments. In a follow-up, auditors found DOH has made considerable progress in correcting the problems identified in the initial audit report. This included the recovery of approximately $22.6 million in Medicaid overpayments. Of the initial report’s four recommendations, three were implemented and one was not implemented.
State Department of Health, Medicaid Program: Improper Payments for Ancillary Services Provided During Hospital Inpatient Admissions (2012-S-160)
Ancillary services refer to health care services provided in the home, medical offices, clinics, and other freestanding sites. Medicaid claims for ancillary services are processed by eMedNY, DOH's automated claims processing and management information system. Claims are subject to various edits – automated controls within eMedNY – designed to pay Medicaid claims in accordance with Medicaid reimbursement policies. During the audit period, eMedNY identified 9,821 improper ancillary service claims totaling about $1 million that were paid and reported to DOH officials. However, at the time of audit fieldwork, DOH had not taken actions to recover these improper payments. In addition, Medicaid paid $368,000 for about 6,600 improper ancillary service claims for recipients who were also covered by Medicare.
Office of Mental Health, New York Psychiatric Center: Controls Over State Resources (Follow-Up) (2013-F-22)
The New York State Psychiatric Institute, established in 1895, is one of two clinical research facilities administered by the Office of Mental Health. The institute conducts clinical trials and research studies relating to the treatment of mental illness. An initial audit report, issued in January 2011, found institute management had not always provided adequate control over state resources. Auditors found insufficient controls to ensure institute employees performed state work commensurate with their pay, and the institute was not taking steps to ensure it was receiving fair compensation for use of its facilities by Columbia University. In a follow-up, auditors found institute officials have made some progress in addressing the issues identified in the initial report, but additional improvements are needed. Of the seven prior recommendations, one has been implemented and six have been partially implemented.
State Department of Transportation: Oversight of Grants (Follow-up) (2013-F-29)
An initial report, issued in July 2011, examined the Department of Transportation’s (DOT) oversight of grant activity. Auditors found that the monitoring performed by the Freight and Passenger Rail Bureau and the Aviation Bureau could be improved with more effective analysis of available data, and through more effective communication and information sharing within the DOT and with other state agencies that also provide grant funding. In a follow-up, auditors found DOT has made progress in correcting the problems identified in the initial report. Of the eight prior audit recommendations, three recommendations have been implemented and five recommendations have been partially implemented. DOT is awaiting implementation of a new statewide grants management system, scheduled for April 2014, which it believes will address several of the remaining issues.
April 18, 2014
Terminated noncompetitive class employee having less than five years of service entitled to back pay and benefits under the terms of a collective bargaining agreement
April 17, 2014
Statute providing for a “presumption” that a disabling condition was incurred in the performance of duty to be read narrowly
General Municipal Law§§ 207-a and 207-c- a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder and other disability retirement issues is available from the Public Employment Law Press. Click on http://section207.blogspot.com/ for additional information about this electronic reference manual.
April 16, 2014
April 15, 2014
April 14, 2014
Employee’s purported unresponsive answers to interrogatories used as a defense in disciplinary action
April 13, 2014
Under New York Judiciary Law Section 470, which mandates that a nonresident attorney maintain an "office for the transaction of law business" within the state of New York, what are the minimum requirements necessary to satisfy that mandate?
April 12, 2014
Widomski v. Orange County Community College*
Source: Justica Daily Summaries- Education
Plaintiff filed suit against OCCC, alleging claims of discrimination on the basis of a "perceived disability" and retaliation in violation of Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq.
The district court concluded that plaintiff, who was enrolled in OCCC's medical Laboratory Technology program, failed to establish that OCCC perceived his shaking hands to substantially limit a major life activity, and granted the motion for summary judgment in favor of OCCC as to the ADA discrimination claim.
The district court also granted summary judgment in favor of OCCC on the retaliation claim because plaintiff had not presented any evidence that OCCC's good faith belief that plaintiff had falsified documents was a legitimate, non-discriminatory reason for the disciplinary referral.
The court concluded that plaintiff failed to demonstrate that OCCC perceived him as having an impairment that substantially limited a major life activity; plaintiff failed to demonstrate that OCCC's explanation for its decision to bring disciplinary proceedings against him was pretext for retaliation; and plaintiff's remaining arguments were without merit.
Accordingly, the court affirmed the judgment of the district court.
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
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
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 Civil Rights Law
- Blogging Constitutional Law
- Blogging Disability Law
- Blogging Education Law
- Blogging Human Rights Law
- Blogging Legal Information
- Blogging Military Law
- Blogging public libraries
- Challenging Adverse Personnel Decisions
- COVID-19 - New York State maps and data
- Delaware Employment Law Blog
- Gotham schools newsroom - A NYC school news blog
- New York City ERS blog - by John Murphy
- NY Municipalities - NYMUNIBLOG
- 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.