Thursday, July 31, 2014
Law enforcement officers may be held to higher standards of conduct than other civil service employees
Wednesday, July 30, 2014
Employer entitled to reimbursement of the cost of post-employment health insurance benefits it erroneously paid on behalf of a former employee
2014 NY Slip Op 04203, Appellate Division, Second Department
Tuesday, July 29, 2014
In seeking to vacate an arbitration award, the moving party must set out the grounds relied upon for setting the award aside
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending July 25, 2014
The town board has adopted comprehensive procurement policies and procedures that provide guidance as to when items must be competitively bid and when written or verbal quotes should be obtained for purchases not required to be bid. Town officials review and update these policies annually to ensure they provide guidance for officials and employees to follow when bidding is not required by law.
The town has not established a system to ensure that leave accruals earned and used by highway department employees are properly accounted for. Employees maintain their own leave records, including leave balances and recording leave time used and earned, without oversight and independent verification by town officials.
The library did not use competitive methods when procuring goods and services that were not subject to competitive bidding. The board’s adopted purchasing policy did not require officials to solicit competitive proposals prior to engaging the services of professional service providers. In addition, the board did not properly authorize all tuition reimbursements paid to the director.
The board needs to improve internal controls over the claims audit process. Although the clerk-treasurer reviews each individual claim on the abstracts, the board reviews and approves the abstracts without reviewing the actual claims.
The board did not adopt structurally balanced budgets or consistently monitor the budget. As a result, the general fund reported a deficit unexpended fund balance of $18,343 on Dec. 31, 2012. Although fund balance increased to approximately $9,000 in 2013, this amount is insufficient to cover unexpected expenses.
The town clerk did not maintain adequate, accurate and complete records and reports. In addition, collections for clerk fees and real property taxes were not physically secured prior to deposit, were not deposited timely and intact and were not remitted to the appropriate party timely or in the appropriate amounts. Auditors also found that the board did not audit the records of the clerk as required.
The board did not adopt financial policies and procedures addressing cash receipts and disbursements, procurement, or claims processing and review, and has not adopted a written code of ethics. Further, the board did not require the treasurer to provide it with adequate monthly reports that included receipt, asset and liability information.
A two-month suspension without pay rather than termination ruled the appropriate penalty in view of employee's 29 years of service and her previously unblemished work record
Monday, July 28, 2014
Failure to name necessary parties required the dismissal of an appeal to the Commissioner of Education
A court will confirm an arbitration award unless it finds the award irrational or violates public policy, or exceeds a specifically enumerated limitation on the arbitrator's power
Friday, July 25, 2014
The New York City Metropolitan Transportation Authority is seeking applicants for the position of Deputy General Counsel – Employment
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Thursday, July 24, 2014
A court’s review of an administrative decision supported by substantial evidence is limited to determining if it was arbitrary, capricious or affected by error of law
2014 NY Slip Op 04637, Appellate Division, Fourth Department
An educator is eligible for unemployment insurance benefits during the summer recess unless given a reasonable assurance of continued employment in the next semester
Matter of Erie Community Coll. [Commissioner of Labor], 2014 NY Slip Op 04995, Appellate Division, Third Department
Wednesday, July 23, 2014
Although an administrator may have certain powers to administer a statute, he or she lacks authority to supplement or amend duly enacted legislation
2014 NY Slip Op 04421, Appellate Division, First Department
Tuesday, July 22, 2014
Individuals applying for State Civil Service Examinations must use a new application form dated (6/14)
Unemployment insurance claim filed by terminated employee may be denied on the basis of the findings of a disciplinary arbitrator under the doctrine of “collateral estoppel”
Monday, July 21, 2014
Disciplinary arbitration award remanded for reconsideration of the appropriate penalty to be imposed for a second time
In situations where an employee is charged with misconduct after he or she has been convicted of a crime involving the same unlawful action or activity, the accused individual may argue that "double jeopardy" bars his or her being subjected to administrative disciplinary action involving the same events that led to his or her conviction of a crime.
Although the Double Jeopardy Clause in the Fifth Amendment to the U.S. Constitution prohibits anyone from being prosecuted twice for substantially the same crime and is typically raised as a "procedural defense" in a criminal proceeding, does not bar the filing administrative disciplinary charges against an individual against whom criminal charges have been filed involving the same event or events.
Indeed, as the Appellate Division held in Kelly v Levin, 81 A.D.2d 1005, if an individual has been found guilty of criminal conduct in a criminal trial, a disciplinary hearing panel cannot find the individual not guilty of the same offense[s] in a subsequent administrative disciplinary action.
Although an individual may be found not guilty of alleged criminal acts in a criminal action, he or she may be found guilty of such conduct in an administrative proceeding as there is a lesser standard of proof to be met in the case of an administrative action. In an administrative proceeding a person must be proved guilty of the acts or omissions alleged by "substantial evidence." In contrast, in a criminal trial "guilt beyond a reasonable doubt" must be proved by the charging party.
A school board must comply with its own rules and regulations, which have the force and effect of law
Although Petitioner argued that the Board regulations mandated full disclosure of MP's report, the Board contended that it correctly provided Petitioner with only the three-page conclusion section of MP’s 73-page report "because the regulation requires the release only of the superintendent's report."
Friday, July 18, 2014
If a preexisting dormant disease is aggravated by an accident, resulting in a disability that did not previously exist, the accident is responsible for the ensuing disability
Thursday, July 17, 2014
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed 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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