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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.
March 30, 2015
Employer not liable for its employee’s off-duty misconduct outside the scope of his or her employment or not in furtherance of the employer’s business
March 29, 2015
Those concerned with employment related litigation in the public sector may be interested in some of the LawBlogs listed by Justia
March 28, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending March 28, 2015
New York State Comptroller Thomas P. DiNapoli and Bronx Borough President Ruben Diaz Jr. encouraged Bronx residents to search for forgotten money belonging to them at Bronx Borough Hall. More than 444,000 accounts valued at nearly $245 million are owed to Bronx residents.
The State’s Abandoned Property Law requires banks, insurance companies, utilities, and other businesses to turn dormant savings accounts, unclaimed insurance and stock dividends, and other inactive holdings over to the State. If there has been no activity in the account for a set period of time, usually between two and five years, the money or property is considered unclaimed or abandoned. Although Section 1402 of the Abandoned Property Law has a $20 threshold for such listing, the Comptroller uses a "$50 threshold” for the listings on his Internet website.
State Comptroller Thomas P. DiNapoli and Attorney General Eric T. Schneiderman announced the guilty plea of Thomas Capuano, the former Commissioner of the Department of Public Works of the city of Rensselaer Department of Public Works, for teaming with two DPW employees to divert $46,000 from the city by pocketing the cash from scrap metals acquired as part of their jobs with the city.
Comptroller Thomas P. DiNapoli and Attorney General Eric T. Schneiderman announced the guilty plea of Roger Burlew, former Highway Superintendent for the Town of Erin, in a public corruption case involving the theft of more than $65,000 in goods and services from the town. Burlew entered a guilty plea before The Honorable James Hayden in Chemung County Court to the charge of Grand Larceny in the Second Degree, a Class C Felony. As part of a plea agreement, Burlew will be sentenced to six months of incarceration and a period of five years of probation. Burlew will also pay $65,000 in restitution to cover the cost of what was stolen.
New York State Comptroller Thomas P. DiNapoli announced that United States Steel Corporation has agreed to the New York State Common Retirement Fund’s request that it publicly report its corporate political spending. As a result of the agreement, the Fund withdrew a shareholder proposal it had filed for consideration at the Fortune 500 company’s annual meeting. The Fund holds approximately 907,577 shares of U. S. Steel with an estimated value of $20 million.
March 27, 2015
Some guidelines followed by courts in deciding appeals from adverse out-of-title employee grievances
March 26, 2015
The employer may reject the findings and recommendations of a hearing officer if its decision is supported by substantial evidence
The Fire District’s Board of Commissioners rejected the recommendation of a hearing officer and denied a firefighter’s application for benefits pursuant to General Municipal Law §207-a(2).
March 25, 2015
March 24, 2015
Any action to terminate a disability retirement allowance then being received by a NYC police officer must be approved by the NYC Police Pension Fund's Board of Trustees
March 23, 2015
An employer’s failure to make an individualized assessment of a disabled applicant’s particular abilities to perform the duties of the position required constitutes unlawful discrimination
In an appeal challenging a determination by the Commissioner of the New York State Division of Human Rights, made after a hearing before an administrative law judge who found that the Brentwood Union Free School District, unlawfully discriminated against the complainant, the Appellate Division explained that the scope of judicial review under the Human Rights Law is extremely narrow and is confined to the consideration of whether the determination of the New York State Division of Human Rights is supported by substantial evidence* in the record. Further, said the court "Courts may not weigh the evidence or reject the Division's determination where the evidence is conflicting and room for choice exists."
March 21, 2015
On March 21, 2015 Governor Andrew M. Cuomo announced five appointments to his administration
Elizabeth De León Bhargava has been appointed Deputy Secretary for Labor. Ms. Bhargava previously served as First Deputy Chief of Staff for New York City Council Speaker Melissa Mark Viverito and, prior, as Deputy Commissioner for the Neighborhood Development Division of the New York City Department of Small Business Services, where she was responsible for the city's Business Improvement Districts, the largest network in the country investing more than $100 million in programs and services throughout NYC. Before working for the City, she was Associate Commissioner for the New York State Department of Labor and Assistant Deputy Counselor for the New York State Attorney General. Ms. Bhargava has a B.A. from Binghamton University and a J.D. from the State University of New York at Buffalo School of Law
Rose Rodriguez has been appointed Chief Diversity Officer. She has served the State in a variety of executive and management roles, most recently as Special Assistant to the Commissioner and Director of Workforce Development at the New York State Department of Labor, where she spearheaded several agency efforts linked to the Governor’s initiatives including the Buffalo Billion, The New NY Bridge, and the New NY Bronx Works partnership. Prior to joining the administration, she served as Vice President for Policy and Programs at the Committee for Hispanic Children and Family, Inc., as Senior Advisor and Director of Constituent Services for Senator Hillary Rodham Clinton, and at the US Department of Housing and Urban Development as Deputy Director in the Office of Community Planning and Development. She served in the cabinet of Governor Mario Cuomo as the Executive Director of the Office of Hispanic Affairs and Chairperson for the Governor’s Hispanic Advisory Board. Ms. Rodriguez has a B.S. from Fordham University and a J.D. from Fordham University School of Law
Jorge Montalvo has been appointed Deputy Secretary of State for Economic Opportunity where he will advise and support the Secretary of State in the management of the Department of State and will be responsible for assisting in formulating agency policy and implementing program plans related to the $60 million Community Service Block Grant, the Division of Consumer Protection and the Cemeteries Division, among other State programs. Mr. Montalvo will continue to serve as Director of the New York State Office for New Americans and will also continue to oversee the Regional Economic Development Councils Opportunity Agenda and the Empire State Fellows program. Mr. Montalvo previously served as Director of Strategic Policy Initiatives for the New York State Consumer Protection Board. Before joining the State, he served as Policy and Public Affairs Officer for the New York City Economic Development Corporation and Corporate Relations and Volunteerism coordinator for the NYC 2012 Olympic Bid Committee. Mr. Montalvo has a B.A. in chemistry from Dartmouth College.
Matthew Fernandez Konigsberg has been appointed Special Counsel to the Secretary for Ethics, Risk and Compliance at the Department of State. Mr. Konigsberg previously served as an associate at Foran Glennon focusing on first-party property coverage, subrogation recovery, casualty/liability defense matters, as well as other types of commercial litigation. Before joining Foran Glennon, he served as Assistant Corporation Counsel for the New York City Law Department, where he held a hybrid position as a pre-trial and trial attorney. He also served as pro bono Legal Counsel for the Rockland County Board of Advisors for ASPIRA of New York, Inc, a Hispanic non-profit organization working to foster educational excellence and civic responsibility among young Latinos. In this role, he counseled the Rockland County Board on diverse legal issues arising out of ASPIRA’s Rockland operations. He is also Deputy Regional President of the Hispanic National Bar Association - Region II, serving on its Judiciary Committee, and has served as Judiciary Co-Chair of the Puerto Rican Bar Association. Mr. Konigsberg has a B.A. from University of Wisconsin-Madison and a J.D. from Rutgers School of Law - Newark.
Angel Santana has been appointed the Governor’s Bronx Regional Representative. Mr. Santana previously served as Director of Community Affairs and, prior, Community Liason for State Senator Jose M. Serrano. He has a B.A. from Mount Saint Mary College and is currently pursuing an M.P.A. at Columbia University.
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending March 21, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending March 21, 2014
Click on text highlighted in color to access the full report
Comptroller DiNapoli Releases Municipal Audits New York State Comptroller Thomas P. DiNapoli Wednesday announced his office completed audits of the:
Village of Franklinville,
City of Olean, and
Walworth-Seely Public Library.
Leading the Way in Transparency As Sunshine Week comes to an end, we are proud that U.S. PIRG, a non-profit consumer group, has ranked New York one of 14 ‘leading states’ in providing online access to government spending, thanks to Comptroller DiNapoli's transparency website, Open Book New York. A testament to his commitment for continuous improvement to transparency, 2015 marks the first time New York has scored an ‘A-’. Read the full report online at: Following the Money 2015.
DiNapoli: Former Riverside Village Clerk Pleads Guilty in $50,000 Theft Former Riverside clerk-treasurer Kristina Johnson will do jail time and pay $50,000 in restitution after admitting Friday to repeatedly pilfering village coffers to pay for white water rafting and dating through Match.com, State Comptroller Thomas P. DiNapoli announced Friday.
DiNapoli: Former Treasurer Arrested in Tupper Lake Fire Department Theft Former Tupper Lake Volunteer Fire Department Treasurer Timothy J. Brown was arrested on grand larceny charges Monday after allegedly stealing up to $20,000 as he spiraled into credit card debt.
DiNapoli: State Tax Collections Slightly Stronger Than Exepcted in February But Remain Volatile Tax collections of $4.9 billion in February were $21.6 million above the state’s latest estimates, according to the monthly cash report released Wednesday by New York State Comptroller Thomas P. DiNapoli. Through 11 months of the fiscal year, tax collections were $636.6 million higher than originally projected, and $19 million higher than the latest estimates.
March 20, 2015
2015 NY Slip Op 02193, Appellate Division, First Department
A member of a college faculty [Petitioner] filed an Article 75 action challenging an arbitration award that sustained the college’s decision to deny awarding Petitioner tenure. Supreme Court granted the college’s cross motion to confirm the arbitration award, which decision was unanimously affirmed by the Appellate Division.
March 19, 2015
Source: Internal Revenue Service
Adjustments to a disabled firefighter’s salary and supplements to his or her disability retirement allowance paid pursuant to GML §207-a
** In addition to "mandamus" and "certiorari," CPLR Article 78 provides for the modern version of two other "ancient writs:" the writ of quo warranto [by what authority] and the writ of prohibition [a superior court barring the consideration of a matter by a lower court].
March 18, 2015
A "global settlement contract" that, among other things, settled the underlying grievance renders the appeal pending before the court moot
2015 NY Slip Op 519109, Appellate Division, Third Department
A deputy sheriff injured his back during a foot pursuit in the course of his employment and received full pay for eight days of missed work immediately after the incident pursuant to General Municipal Law §207-c, as well as intermittent days during the next several months but ultimately was told that his benefits pursuant to General Municipal Law §207-c had been terminated. The deputy’s union filed a grievance on behalf of the deputy "and all similarly situated uni[on] members," charging a violation of the collective bargaining agreement between union and the County and demanded that the matter be submitted to arbitration.
March 17, 2015
On March 17, 2015 Governor Andrew M. Cuomo announced the following five appointments to his administration.
Michael Weisberg has been appointed Chief Information Security Officer and Deputy Commissioner of Information Technology Services, with a special focus on cyber security. Most recently, Michael was CIO and Director of Information Technology for a consulting firm in Richmond, Virginia. Prior to that, Michael worked at the U.S. Federal Reserve as their Senior Information Security Architect, where he developed and published security architectures and designs, and advised Senior Federal Reserve Officers and management on security technologies and practices. In addition, he was the Vice President for Information Security for Bank of America and served as an Information Security Consultant. He is the Director of the Cyber Security program in the School of Professional and Continuing Education at the Sage Colleges. Mr. Weisberg has a Bachelor of Science from RPI and holds several industry recognized certifications, including Certified Information Systems Security Professional (CISSP) and Certified Scrum Master.
Johannah Chase has been appointed Assistant Secretary for Education. She previously was a consultant at Bank Street College of Education, where she worked with senior leadership on developing their strategic plan. Prior to that, Ms. Chase held a number of roles at the New York City Department of Education, most recently serving as Chief Executive Officer of the Office of Special Education and Chief Operating Officer of the Division of Students with Disabilities and English Learners. She also served as a Senior advisor on special education reform, Chief of Staff of the Division of School Support & Instruction and Associate Director of the Division of School Support & Instruction. She was also an eighth grade English and Math teacher in New York City for three years. Ms. Chase has a B.A from Cornell University and an M.S. in Teaching from Pace University.
Lisa Black has been appointed Director of Intergovernmental Affairs for the Department of Homeland Security and Emergency Services. She previously held a number of roles at the New York City Department of Homeless Services, most recently serving as Assistant Commissioner and, prior, Acting Deputy Commissioner, Director of Government Relations, and Acting Director of Communications and External Affairs. She also held a number of roles working in leadership in the New York State Senate for 14 years. Ms. Black has a B.A. from the College of Saint Rose.
Brian Shea has been appointed Upstate Director of Intergovernmental Affairs for the Department of Homeland Security and Emergency Services. He held a number of roles in the Office of Assemblywoman Donna A. Lupardo. Most recently, he served as Chief of Staff where he oversaw all office operations, legislative initiatives and external communications. Prior to that, he served as Clerk to the Assembly Committee on Children & Families and Legislative Director to the Assemblywoman. Mr. Shea has a B.A. in Political Science from Binghamton University.
The appointing authority rather than the Commissioner of Education determines if a school employee should be subjected to disciplinary action
Dismissed probationary employee has the burden of showing that his or termination was made in bad faith
March 16, 2015
2015 NY Slip Op 02008, Appellate Division, First Department
March 14, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending March 14, 2015
New York State Comptroller Thomas P. DiNapoli announced his office completed audits of the
Comptroller DiNapoli Releases Municipal Audits
New York State Comptroller Thomas P. DiNapoli announced his office completed audits of the
New York State Comptroller Thomas P. DiNapoli and Attorney General Eric T. Schneiderman Friday announced the conviction and sentence of Graycelia Cizik, 64, a resident of Polk County, Florida. Cizik pleaded guilty on January 21, 2015 to a one-count Indictment charging her with the crime of Grand Larceny in the Second Degree, a class C felony. Friday, she was sentenced to 2 to 6 years in state prison by Supreme Court Judge Roger D. McDonough in Albany County Court. Cizik also agreed to a judgment in favor of the New York State and Local Employees Retirement System in the amount of $121,772.72.
State Comptroller Thomas P. DiNapoli and Attorney General Eric T. Schneiderman Monday announced that Joseph Ross, the former insurance broker for the Metropolitan Council on Jewish Poverty (“Met Council”), has been sentenced to 18 months in jail. Ross also paid $534,000 in restitution to the Met Council and agreed to a judgment against him in the amount of $956,000 in favor of the Met Council. The joint investigation revealed that Ross, together with former Met Council CEO William Rapfogel and other co-conspirators, stole approximately $9 million from the taxpayer-funded nonprofit organization as part of a 20-year grand larceny and kickback scheme. Ross personally stole $1.5 million from the Met Council.
The average bonus paid in New York City’s security industry rose by 2 percent to $172,860 in 2014, according to an estimate released Wednesday by New York State Comptroller Thomas P. DiNapoli. Even though the industry was slightly less profitable in 2014, it added 2,300 jobs in New York City, the first year the industry has added jobs since 2011.
The state’s efforts to limit Medicaid spending are showing measurable progress with annual growth at less than 2 percent. Still, state spending on Medicaid is projected to rise by nearly $700 million a year over the next four years and improving the quality of care for Medicaid patients remains a challenge after more than two decades of reform, according to a reportreleased Thursday by New York State Comptroller Thomas P. DiNapoli.
DiNapoli Expands State Spending Transparency on OpenBookNewYork.com
New York State Comptroller Thomas P. DiNapoli announced Tuesday that New Yorkers can now trace state spending back to the funding source or program on openbooknewyork.com, an easy-to-use search tool for the public to see how their tax dollars are being spent. This is the fifth expansion of the website, building on DiNapoli’s commitment to increasing government transparency.
DiNapoli Announces Results of General Obligation Bond Sale: $329,225,000 Awarded
State Comptroller Thomas P. DiNapoli Tuesday awardedthree series of New York State General Obligation Bonds totaling $329,225,000 through a competitive sale. Specifically, the sales were $142,555,000 of Series 2015A Tax-Exempt Bonds, $5,640,000 of Series 2015B Taxable Bonds and $181,030,000 of Series 2015C Tax-Exempt Refunding Bonds.
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.