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State of New York vs. COVID-19 - Governor Andrew M. Cuomo periodically updates New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The latest reports of the number of new cases, the percentage of tests that were positive and many other relevant data points concerning COVID-19 are available at forward.ny.gov.
N.B. §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 applies this protocol to individuals referred to in a decision self-identifying as LGBTQA+.
October 31, 2019
PERB's authority to initiate "jurisdictional deferral" and "merits deferral" in considering an improper practice charge filed pursuant to §209-a(1)(d) of the Civil Service Law
October 30, 2019
New York courts lack subject matter jurisdiction to consider lawsuits involving disputes between and among rival factions of the Cayuga Nation
Certain members of the Cayuga Nation* [Petitioners] constituting one faction claiming authority to act on behalf of the Nation commenced this action, purportedly on behalf of the Nation, against certain individuals comprising a rival faction [Defendants] claiming similar authority.
*Footnote 1 in the court's decision states: "The Cayuga Nation is one of "[t]he [Six Nations of the Iroquois] Confederacy, or the Haudenosaunee' [People of the Longhouse], which refers to the historical alliance between the Mohawk,
October 29, 2019
Publication of the findings made, and penalty recommended, after a disciplinary hearing by a New York City Office of Trials and Hearings Administrative Law Judge
At the close of a §75 disciplinary hearing held before the New York City Office of Trials and Hearings, the employee, a correction officer, moved to prohibit publication of the OATH Administrative Law Judge's report of findings and recommendation with respect to the penalty to be imposed, citing to §50-a of the Civil Rights Law. The correction officer contended that §50-a requires personnel records under the control of the Department of Correction be kept confidential.
The ALJ's ruling cites Matter of Victor v New York City Off. of Trials & Hearings, 174 AD3d 455, in which the Appellate Division held that Victor's claim that a disciplinary report and recommendation issued as the result of an OATH disciplinary hearing is confidential under Civil Rights Law §50-a was moot, explaining that "[f]or several years, the report has been publicly available from multiple sources, including the OATH and LEXIS websites" and as the court "cannot afford petitioner any meaningful relief," it dismissed Victor's appeal.
October 28, 2019
October 25, 2019
October 24, 2019
Governing Daily has posted a link to an item noting that when budgets get slashed and hiring comes to a halt, municipalities need a way protect their most valuable resources – people and finances, the content of which was provided by CentralSquare Technologies.
The State University of New York Board of Trustees' Charter School Committee [SUNY/CSC], asserting that an independent licensure process was necessary to alleviate a teacher shortage at certain Charter School, promulgated Regulations* that purported to establish an independent licensure process from that established by State Education Department and State Board of Regents [SED].
October 23, 2019
On Nov. 12 at 11am PT/2pm ET, Government Technology's panel of analysts and experts will discuss these findings, focusing on the state of digital maturity when it comes to key government processes and what agencies can do to improve the experience for citizens and staff.
An administrative tribunal's consideration of all relevant evidence is critical to a court's finding that its decision was based on substantial evidence
October 22, 2019
The State of
Law amends special accidental death benefit available to the survivors of police officers and firefighters killed in the line of duty
Requesting authorization to treat the chronic pain that a Workers' Compensation benefits recipient was experiencing from his work-related injuries with medical marihuana
October 21, 2019
October 18, 2019
Excessive PCBs in the Hudson River: Attributable to Incompleteness of Dredging, or to Seven Years of Dredging? - Source: Environmental Claims Journal
October 17, 2019
October 16, 2019
October 15, 2019
October 14, 2019
Emerging green synergy in the science/religion relationship: from conflict to potentially planet-saving cooperation
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 https://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 http://booklocker.com/books/7401.html
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