Improving Government Efficiency and Effectiveness

On October 30, 2021, New York State Comptroller Thomas P. DiNapoli released report entitled Improving Government Efficiency and Effectiveness rolling up the fiscal impact of 259 audits released by the Office of the State Comptroller over five years through September 2020, identifying $2.46 billion in overpayments, $1.06 billion in cost recoveries, $751 million in revenue enhancements, and $727 million in cost avoidances.

Click HEREto access the report.

Membership in the NYS Employees’ Retirement System for 10 years is not necessarily the same as the member having 10 years of member service credit

Challenging Adverse Personnel Decisions -

Challenging Adverse Personnel Decisions - A 766-page E-book focusing on appealing penalties imposed following disciplinary action, adverse performance ratings, probationary terminations and the denial of unemployment insurance benefits initiated by officers and employees of New York State as an employer and its political subdivisions. For more information about this electronic handbook click HERE.

New York Public Personnel Law case summaries

 

NOTICE

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Becoming a Registered Reader will permit you to access NYPPL's Archives, a searchable database containing over 7,000 summaries of court and administrative decisions, references and reports posted on this new, dedicated Internet site plus all case summaries, references and reports that may be added to the Archives in the future. 

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Challenging a dismissal during the employee's probationary period

A probationary employee's [Petitioner] initiated a CPLR Article 78 proceeding in an effort to obtain a court order vacating the appointing authority's [Employer] decision to terminate her prior to the completion of her probationary employment. The Appellate Division unanimously affirmed the Employer's decision. 

The court explained that Petitioner "failed to meet her burden of showing that [Employer] discontinued her probationary employment in bad faith." Noting that the Employer's determination was supported by documentary evidence of Petitioner's misconduct and history of tardiness, the Appellate Division, citing Matter of Adelana v New York City Dept. of Educ., 194 AD3d 463, said that there was nothing in the record to support Petitioner's argument that the Employer made its determination in bad faith.

It should be noted that should the appointing authority elect to dismiss a probationary employee before the individual has completed his minimum period of probation it must serve disciplinary charges against the employee and conduct a disciplinary hearing as provided by law or pursuant to the terms and conditions of collective bargaining agreement.

In York v McGuire, 63 NY2d 760, the Court of Appeals set out the basic rule concerning the dismissal of probationary employees as follows: “After completing his or her minimum period of probation and prior to completing his or her maximum period of probation, a probationary employee can be dismissed without a hearing and without a statement of reasons, as long as there is no proof that the dismissal was done for a constitutionally impermissible purpose, or in violation of statutory or decisional law, or the decision was made in bad faith.”

Further, the appointing authority may seek to have a probationary employee disqualified for employment in the position to which he has been appointed by the responsible civil service department or personnel officer pursuant to §50.4 of the Civil Service Law.   

§50.4 in pertinent part, provides: Notwithstanding the provisions of this subdivision or any other law, the state civil service department or appropriate municipal commission may investigate the qualifications and background of an eligible after he has been appointed from the list, and upon finding facts which if known prior to appointment, would have warranted his disqualification, or upon a finding of illegality, irregularity or fraud of a substantial nature in his application, examination or appointment, may revoke such eligible's certification and appointment and direct that his employment be terminated, provided, however, that no such certification shall be revoked or appointment terminated more than three years after it is made, except in the case of fraud.

Click HERE to access the Appellate Division's decision.