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.

Sep 23, 2011

Section 75 statute of limitations for initiating administrative disciplinary action does not apply when the charges would otherwise constitute a crime

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Section 75 statute of limitations for initiating administrative disciplinary action does not apply when the charges would otherwise consti...

Claiming damages for alleged unlawful discrimination

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Claiming damages for alleged unlawful discrimination DiLauria v Town of Harrison, 32 AD3d 490 A police officer brought two lawsuits against ...

Termination of an employee serving in an acting capacity

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Termination of an employee serving in an acting capacity Appeal of Johnston and the Board of Education of the Hempstead Union Free School Di...
Sep 22, 2011

The application of the doctrine of governmental immunity in the context of acts of terrorism

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The application of the doctrine of governmental immunity in the context of acts of terrorism Matter of World Trade Ctr. Bombing Litigation...

Subpoena Duces Tecum

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Subpoena Duces Tecum Bd . of Educ. v Hankins , 294 A.D.2d 360 From time to time one reads about a case involving the serving of a subpo...

Authority of the arbitrator to fashion a remedy

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Authority of the arbitrator to fashion a remedy CCNY v Aiello, 295 A.D.2d 163 In the Aiello case, the significant issue concerned the author...

School Board review of personnel records

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School Board review of personnel records Matter of Meyer and Pavalow and the Katonah-Lewisboro Union Free School, Commissioner of Education ...
Sep 21, 2011

Limiting an employee’s elegibility of overtime when he or she becomes eligible for retirement

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Limiting an employee’s elegibility of overtime when he or she becomes eligible for retirement   MacKinnon v City of New York HRA, USCA, 2 nd...

Termination for disruptive behavior claimed to violate the State’s Human Rights Law

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Termination for disruptive behavior claimed to violate the State’s Human Rights Law Robinson v NYC Dept. of Corrections 277 A.D.2d 76 Th...

Electronic surveillance

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Electronic surveillance The Electronic Communications Privacy Act Employers may find themselves being sued and held liable for unlawful ...

Chronic absenteeism policy - multiple penalties challenged

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Chronic absenteeism policy - multiple penalties challenged Seabrook v New York, NYS Sup. Ct., Ia Part 5, Justice Stallman  [Not selected for...
Sep 20, 2011

An entity not a party to a collective bargaining agreement negotiated pursuant to the Taylor Law may not be bound by its terms

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An entity not a party to a collective bargaining agreement negotiated pursuant to the Taylor Law may not be bound by its terms Matter of Cou...
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