- Participants must work for a local government;
- The survey must be submitted by July 8, 2020;
- Responses are anonymous;
- The results will be analyzed and made available for public distribution; and
- It shouldn’t take more than 10 minutes to complete.
TO SEARCH this database type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.
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.
June 30, 2020
Local government personnel are invited to participate in a survey focusing on their post COVID-19 operations
A police officer forfeited his qualified immunity by using excessive force against an individual who posed no threat to the officer or to others
June 29, 2020
Conditioning the disclosure of material sought pursuant to a FOIL request upon the prepayment of costs authorized by statute
June 28, 2020
The Text of Policy Bulletin No. 2020-03 is posted on the Internet at:
* The Executive Order is posted on the Internet at
Links to the most popular NYPPL postings during the week ending June 27, 2020 as reported by Google Statistics.
June 27, 2020
Audits of New York State Department and Agencies and political subdivisions of the State issued during the week ending June 26, 2020
June 26, 2020
Sanctions imposed on a party held in contempt for failure to comply with a confirmed arbitration award
June 25, 2020
June 24, 2020
Determining if a work assignment constitutes out-of-title work prohibited by Civil Service Law §61(2)
Supreme Court dismissed the New York Public Employees Federation's [PEF] Article 78 petition alleging that certain parole officers and senior parole officers [Petitioners] represented by PEF assigned to the Nassau County Parole Office were required to perform out-of-title work. PEF appealed the ruling.
Citing New York State Corr. Officers and Police Benevolent Assn., Inc. v Governor's Off. of Empl. Relations, 105 AD3d 1192,** the Appellate Division pointed out that not all additional duties constitute out-of-title work. The dispositive question is whether "the new duties are appropriate to [the employee's] title and/or are similar in nature to, or a reasonable outgrowth of, the duties listed in [the employee's] job specifications."
In other words, the fact that an employee is not performing certain duties set out in the job description, assigning the individual to perform such duties does not constitute the performance of of out-of-title work.
Although such duties were routinely assigned to institutional safety officers, the Governor's Office of Employee Relations [GOER] determined, upon a review of the relevant classification standards, that the duties could be appropriately performed by properly classified parole officers and senior parole officers and, thus, that the assignments were not out-of-title.
In reviewing GOER's determination, the Appellate Division opined that its review was limited to assessing whether the record as a whole provides a rational basis for GOER's determination and the administrative decision would not be disturb it unless it is wholly arbitrary or lacking a rational basis.
Given the training and qualifications possessed by parole officers and senior parole officers, as well as the similarities between the grieved duties and those enumerated in the applicable classification standards, the Appellate Division said that it found a rational basis exists to support GOER's determination that the assigned duties did not constitute out-of-title work.
Thus, opined the Appellate Division, as there is no basis to disturb GOER's denial of the grievances and sustained Supreme Court's dismissal of PEF's Article 78 petition.
** See http://www.nycourts.gov/reporter/3dseries/2013/2013_02445.htm
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.