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.

Dec 19, 2011

Restoration to eligible list a matter of discretion

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Restoration to eligible list a matter of discretion Lee v Director of Personnel [Not selected for publication in the Official Reports] Doe...

Concerning the employee organization’s duty to honor a unit member’s request to challenge an arbitration award

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Concerning the employee organization’s duty to honor a unit member’s request to challenge an arbitration award Albino v. the City of New Y...

Removal of a reprimand in an employee’s personnel file

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Removal of a reprimand in an employee’s personnel fil e Opinions of the Attorney General, Informal Opinion 81-28 May a reprimand placed in a...
Dec 16, 2011

Petitioning a court to remove certain officers of a political subdivision of the State

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Petitioning a court to remove certain officers of a political subdivision of the State Haase v DelVecchio , 2011 NY Slip Op 09127, Appellate...

Contract grievance arbitration to go forward notwithstanding pending disciplinary action taken against the employee

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Contract grievance arbitration to go forward notwithstanding pending disciplinary action taken against the employee Cattaraugus Central Sc...

Unemployment Insurance Appeals Board must make an independent determination as to whether the employee was dismissed for misconduct within the meaning of the Labor Law.

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Unemployment Insurance Appeals Board must make an independent determination as to whether the employee was dismissed for misconduct within...
Dec 15, 2011

Governor Cuomo and Legislative Leaders appoint members to The Joint Commission on Public Ethics

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Governor Cuomo and Legislative Leaders appoint members to The Joint Commission on Public Ethics Source: Press Office, Office of the Govern...

Action for alleged defamation follows disclosure of document pursuant to a FOIL request

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Action for alleged defamation follows disclosure of document pursuant to a FOIL request Gosden v Elmira City School District, 2011 NY Slip O...

Failure to follow prescribed treatment ruled misconduct

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Failure to follow prescribed treatment ruled misconduct DeCherro v. Ross, 83 A.D.2d 709 Supervisors frequently are told be an employee that ...
Dec 14, 2011

Employee found guilty of misconduct based on hearsay evidence presented at the disciplinary hearing

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Employee found guilty of misconduct based on hearsay evidence presented at the disciplinary hearing Matter of Matter of Paul v Israel , 2011...

Employee must answer questions concerning work if granted “use immunity”

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Employee must answer questions concerning work if granted “use immunity” Tanico v. McGuire, 80 AD2d 297 Two police officers refused to answe...

Combining demands may be injurious to your bargaining position

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Combining demands may be injurious to your bargaining position Town of Niagara, Case U-5115 When an item subject to mandatory negotiations...
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