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.

Jul 20, 2010

Commission’s authority to determine applicant’s qualification for appointment not compromised by court’s order directing the production of evidence

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Commission’s authority to determine applicant’s qualification for appointment not compromised by court’s order directing the production of e...

Unilaterally deducting employee leave accruals and creating a noncontractual procedure for recouping holiday pay violated employer's duty to negotiate

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Unilaterally deducting employee leave accruals and creating a noncontractual procedure for recouping holiday pay violated employer's dut...
Jul 19, 2010

Public law takes precedence over private law

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Public law takes precedence over private law * Source: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2010, All ...

Union’s demand for all documents, including without limitation, any memoranda between any of the employer’s agents overbroad

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Union’s demand for all documents, including without limitation, any memoranda between any of the employer’s agents overbroad District Counci...

Notice of a final administrative determination

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Notice of a final administrative determination City of New York v Appl, 289 A.D.2d 144 The New York City Board of Collective Bargaining [OCB...

Exception to seeking competitive bids for good and services

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Exception to seeking competitive bids for good and services Omni Recycling of Westbury, Inc. v Town of Oyster Bay, 11 NY3d 868 Typically a p...
Jul 16, 2010

Tests used by the courts in determining if a GML §50-e(5) petition seeking approval to file a late notice of claim should be granted

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Tests used by the courts in determining if a GML §50-e(5) petition seeking approval to file a late notice of claim should be granted Burkh...

Evidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such action

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Evidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such ac...

Not every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowance

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Not every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allow...

PERB holds employer's refusal to supply documents requested by union in connection with its processing a grievance violated the Taylor Law

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PERB holds employer's refusal to supply documents requested by union in connection with its processing a grievance violated the Taylor L...

Overtime accruals excluded in calculating narcotics bureaus investigator’s retirement allowance

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Overtime accruals excluded in calculating narcotics bureaus investigator’s retirement allowance Source: Findlaw’s Weekly Government Benefits...
Jul 15, 2010

An administrative determination will be sustained by the court unless it is shown to be arbitrary or capricious and without a rational basis

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An administrative determination will be sustained by the court unless it is shown to be arbitrary or capricious and without a rational basis...
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