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May 20, 2020

Hearing officer rejects appointing authority's allegation that employee was unfit to perform the duties of the position within the meaning of §72 of the Civil Service Law

The New York City Department of Health and Mental Hygiene [MH] initiated a Civil Service Law §72 proceeding alleging a school nurse [Employee] was unfit to perform the duties of her position due to schizoaffective disorder.

OATH Administrative Law Judge Joycelyn McGeachy-Kuls found that MH failed to prove that the Employee was currently unfit to perform the duties of a school nurse and recommended that the proceeding be dismissed.

Employee submitted reports from her psychiatrist and her therapist demonstrating that she had been under their care for more than a year, attended regular appointments with each of them, that she was aware of her mental health condition, and she was diligent about taking her medication. 

Based on the doctor’s reports, Judge McGeachy-Kuls found that it was clear that Employee was actively engaged in her treatment with each of them. Further Employee’s psychiatrist and therapist both expressed “unequivocally” that she was fit to resume her duties as a school nurse and that she is not a danger to herself or to the students.

The decision is posted on the Internet at: 
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-2002.pdf
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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case 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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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com