New York Public Personnel Law

Some of the topics addressed in the more than 4,500 cases summarized in New York Public Personnel Law.

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A collective bargaining agreement may expand an employer's obligation to provide information to an employee organization not specifically provided for by law

A contingent permanent appointment made pursuant to §64.4 of the Civil Service Law must be specifically so identified by the appointing authority

A court's standards of review of decisions that are the product of compulsory arbitration differ from its standard of review of decisions resulting from voluntary arbitration procedures

A police officer holds a position of great sensitivity and trust and is subject to a higher standard of fitness and character are "ordinary civil servants"

A resolution increasing a NYSHIP participating employer's contribution for health insurance premiums is temporary absent a manifest intent to create a permanent right

A school board member who acts on the advice of counsel will not be found to have engaged in a willful violation or neglect of duty

Acquiring tenure in the position by tenure by "operation of law," sometimes referred to as tenure by estoppel or tenure by acquiesce

Alcoholism as a defense in a disciplinary action

An administrative disciplinary hearing, in whole or in part, may be closed to the public under certain, and limited, circumstances

An agency investigating a particular complaint on behalf of an employee may not, without prior notice to the employer, make broad findings of fact involving the employer's "over-all operations" and impose sanctions

An agency may decline to acknowledge that requested records exist in response to a Freedom of Information Law request

An autopsy of a Freedom of Information request

An employee on leave from work due to a reasonable fear of domestic violence is not "unavailable" or unwilling to work for the purposes of eligibility for unemployment insurance benefits

An employee's failure to use the grievance procedure set out in the relevant collective bargaining agreement before commencing an Article 78 action may not be excused by the court

An employee's unreasonable failure to use an employer-provided preventive or remedial apparatus bars the consideration of his or her complaints of unlawful discrimination

An employer may be vicariously liable for an allegedly slanderous statement made by its employee

Applying for reinstatement following a §73 termination from a §72 disability leave

Applying the Doctrine of Abatement in a criminal action

Applying the Doctrine of Conflict Preemption

Applying the Pell Doctrine in a disciplinary action

Attempting to vacate an adverse arbitration award rendered after a consensual arbitration process

Claiming the affirmative defense of "privilege"

Considering breaks in service in determining seniority for the purposes of layoff and reinstatement

Constructive termination

Courts, when determining if a penalty is so disproportionate to the charged offense[s] as to shock one's sense of fairness, must consider all the relevant circumstances

Defamatory statements

Determining if a complaint alleging sexual harassment based a claim of a continuing violation of New York State's Human Rights Law is timely

Determining if a demand for arbitration of alleged violations of provisions set out in a collective bargaining agreement is viable

Determining if an individual is an employee of an employer

Determining if the parties agreed to resolve a particular grievance pursuant to the terms of the arbitration clause set out in a collective bargaining agreement

Determining when "actual notice," in contrast to "constructive notice," of an administrative action is required to trigger the running of the Statute of Limitations for filing an Article 78 action

Discontinuing or postponing administrative disciplinary action while criminal action involving the same event is pending and related issues

Disqualifying an employee for employment in the public service and revoking his or her appointment based on a finding of fraud of a substantial nature in his or her application for employment

Distinguishing between official acts and unofficial acts for the purposes of claiming qualified immunity from lawsuits in New York State courts

Does the public have a right of access to a hearing concerning the removal of a member of a school board for official misconduct?

Dual employment

Educator terminated for a continuing pattern of inappropriate behavior involving students

Employee's claim of constructive dismissal as a result of taking FMLA leave dismissed

Exploring claimed procedural obstacles to demands for certain records pursuant to New York's Freedom of Information Law

Expulsion of a public employee in a collective bargaining unit from membership in an employee organization recognized or certified for the purposes of the Taylor Law

Extending the probationary period of an individual

Failure of the individual to timely execute his or her oath of office upon election to a public office results in the position becoming vacant by operation of law

Fair Labor Standards Act not applicable to personnel employed by an "educational establishment"

Federal whistle blower protection against retaliation is not triggered unless the individual complies with the procedures set out in the controlling federal law, rule or regulation

Guidelines applicable when police officer being sued in a civil action seeks to have his or her employer provide for his or her defense and indemnification in the civil action

Hearsay may constitute "substantial evidence" supporting the tribunal's findings in an administrative hearing

Hiring policy prohibiting the appointment of teachers "above Step 5" found unlawful discrimination because of age

Imposing a lesser disciplinary penalty than the one recommended by the disciplinary hearing officer

In cases involving alleged abuse of a minor child courts owe “unusual deference” to a school official’s decision to report reasonably suspected abuse and neglect

Including the phrase "notwithstanding any other provision of law" in a bill is typically viewed as a legislature's intent to preempt all potentially conflicting statutes

Jarema credit and eligibilty for tenure

Judicial review of a determination arrived at following a quasi-judicial hearing is typically limited to determining if the decision is supported by substantial evidence

Jurisdictional reclassification of positions in the Classified Service

Light duty assignments involving law enforcement personnel

Mere speculation and bare legal conclusions without any factual support set out in an Article 78 petition are ineffective in rebutting a defendant's motion to dismiss

New appointments to New York State Governor Cuomo's administration

New York City police officer who filed fabricated complaints with the New York City Civilian Complaint Review Board dismissed from the department

New York courts use a "two-prong" test to determine if a dispute between a public sector employer and public sector employees may be submitted to arbitration

New York State Government Internships for Summer 2018

NYPPL visitors by National Origin and Browser

Perfecting an action or special proceeding against a political subdivision of the State or other entities may require the filing of a timely notice of claim

Petitioning the Commissioner of Education to remove a member of a school board from his or her office

Police offices and firefighters applying for accidental disability retirement benefits must demonstrate that his or her incapacity was the "natural and proximate result of an accident" within the meaning of §363[a][1] of the Retirement and Social Security Law

Public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requisites for termination

Reassigning a member of the President's Cabinet to another Cabinet position

Reimbursing NYSHIP Medicare-eligible retirees for Medicare Part B premiums

Resignation from a position in the public service must be in writing

Retired State employee charged with "double dipping" to make total restitution in the amount of $156,918.20

Should an entity grants a request to postpone an administrative hearing, it is required take appropriate action to reschedule the hearing

Some due process consideration in the event an employee is terminated from his or her probationary period

Some exceptions to the Doctrine of Exhaustion of Administrative Remedies

Sovereign Immunity, Absolute Immunity, Qualified Immunity, Use Immunity, Transaction Immunity and Qualified Privilege claims that may be advanced by public officers and employees involved in litigation and, or, administrative hearings

Spoliation of evidence

Students sue school district alleging school district administrators violated their civil rights

Summarily removing public officers and employees from their positions

Summarily terminating a federal officer holding a term appointment from his or her position

Supreme Court correctly applied the Doctrine of Collateral Estoppel to the hearing officer's determinations as to the reasons for the employee's termination

Suspension of a tenured teacher requires the timely filing of written charges and specifications with the clerk or secretary of the board of education

Tenure by estoppel

Tenured teacher unwilling to improve her pedagogical skills despite being provided with substantial assistance terminated from her position

Terminating a "long-time" provisional employee

Terminating of a tenured public officer without an administrative hearing

Terminating the Special Counsel

Termination of a police officer on General Municipal Law §207-c leave under color of Civil Service Law §71

Termination of an employee during a probationary period or traineeship

Termination of employment pursuant to Civil Service Law Section 73

The actions of an employee prior to his or her promotion may properly form the basis for terminating the individual prior to the completion of his or her probationary period

The anatomy of a discrimination action

The authority of a court to modify an arbitration award is limited

The basis for challenging a decision by a civil service commission are limited

The collective bargaining representative's duty of fair representation

The Commissioner of Education does not have jurisdiction to consider claims that an employee organization breached its duties of fair representation

The Commissioner of Education will dismiss an appeal submitted pursuant to Education Law §306, in whole or part, if there are procedural defects or omissions

The individual's retiring from his or her position to avoid disciplinary action may have unexpected consequences

The Plausibility Standard

Unemployment Insurance Appeals Board may apply the doctrine of collateral estoppel to a disciplinary determination made after a hearing in determining if an individual is disqualified for unemployment insurance benefits

Unlawful discrimination complaint sustained notwithstanding respondent's failing to appear at the administrative hearing conducted by the NYS Division of Human Rights

Videotape made by witnesses that observed the alleged misconduct of the employee admissible as evidence in his or her disciplinary hearing

Withdrawing a letter of resignation

Zero tolerance drug policy

Caution:

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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