New York Public Personnel Law

Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.

Jun 21, 2010

Termination for cause may result in the loss of fringe benefits in retirement

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Termination for cause may result in the loss of fringe benefits in retirement Farrell v City of Rensselaer, NYS Supreme Court, Justice James...

Disciplinary probation

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Disciplinary probation Feliciano v Safir, Supreme Court, [Not officially reported] Garnett v Safir, 253 A.D.2d 700, Motion for leave to appe...

Review of an administrative determination by courts is limited in scope

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Review of an administrative determination by courts is limited in scope Matter of Reza v NYC Department of Parks & Recreation, 2007 NY S...

Termination of a probationer

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Termination of a probationer Miller v Village of Wappingers Falls, App. Div., 289 A.D.2d 209 In July 1998, Louis Miller, a registered Republ...

Use of a videotape as evidence in disciplinary hearing

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Use of a videotape as evidence in disciplinary hearing Paulin v City of New York, App. Div., 288 A.D.2d 153 On of the elements in the Paulin...
Jun 20, 2010

Defending and indemnifying employees

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Defending and indemnifying employees Zimmer v Town of Brookhaven, 247 A.D.2d 109 When a public employee is sued in connection with his or he...
Jun 18, 2010

If a CBA sets out the rights of an individual to arbitrate an employer’s disciplinary decision, those rights may not be expanded by another article

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If a CBA sets out the rights of an individual to arbitrate an employer’s disciplinary decision, those rights may not be expanded by another ...

Concerning the so-called “Blue Wall of Silence”

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Concerning the so-called “Blue Wall of Silence” Diesel v Town of Lewisboro , CA2, 232 F.3d 92 While some might allege that there is a "...

Determining when to apply the substantial evidence standard of review and when to apply the arbitrary and capricious standard in a disciplinary action

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Determining when to apply the substantial evidence standard of review and when to apply the arbitrary and capricious standard in a disciplin...

Absence during a probationary period

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Absence during a probationary period Matter of Garnes v Kelly, 2007 NY Slip Op 30262(U), Judge: Herman Cahn, [Not selected for publication i...

Reporting threats of violence by a disgruntled employee to the police

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Reporting threats of violence by a disgruntled employee to the police Aviles v Cornell Forge Co., CA7, 241 F.3d 589 Violence at the work sit...
Jun 17, 2010

Proof of the alleged "crime" must be in the record of the disciplinary hearing to satisfy the "exception" to the §75 "18 month statute of limitation"

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Proof of the alleged "crime" must be in the record of the disciplinary hearing to satisfy the "exception" to the §75 ...
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