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Nominations sought for the Empire Star Public Service Award

This award recognizes exemplary employees of New York State serving in the Executive Branch.

Nominations must be submitted no later than December 15, 2017 and may be completed online.

For more information about the Empire Star Public Service Award, visit www.ny.gov/EmpireStarPublicService.

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Wednesday, July 06, 2016

Unless it is shown that a performance evaluation was arbitrary and capricious, or made in bad faith, the court will not substitute its judgment for that of the appointing authority


Unless it is shown that a performance evaluation was arbitrary and capricious, or made in bad faith, the court will not substitute its judgment for that of the appointing authority
Van Rabenswaay v City of New York, 2016 NY Slip Op 05051, Appellate Division, First Department

In this appeal of an unsatisfactory performance rating for the school year, the Appellate Division sustained Supreme Court’s dismissal of Anne Van Rabenswaay’s CPLR Article 78 petition. The court explaining that Rabenswaay failed to demonstrate that her U-rating was arbitrary and capricious, or made in bad faith.

The Appellate Division found that the record showed that Rabenswaay had failed to timely complete individualized education plans (IEPs) for at least five of her students, notwithstanding repeated warnings and offers of assistance from the IEP coordinator. This, said the court, provided a rational basis for appointing authority’s rating Rabenswaay’s performance for the school year as unsatisfactory.

Rabenswaay had offered various excuses in her defense. The Appellate Division, however, said that even if the excuses tendered by the educator were valid, they would not warrant a finding that the U-rating was arbitrary and capricious under the circumstances. Citing Maas v Cornell Univ., 94 NY2d 87, the court explained that “[t]o accept [the excuses] would amount to second-guessing the determination that [Rabenswaay’s] repeated failure to timely complete the IEPs reflected a pedagogical deficiency that merited the U-rating.”

The decision is posted on the Internet at:

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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