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.

Aug 31, 2012

Using hearsay evidence in a disciplinary hearing

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Using hearsay evidence in a disciplinary hearing Saunders v City of New York, App. Div., First Dept., 273 A.D.2d 103, motion for leave to ap...
Aug 30, 2012

Barring a former employee from property

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Barring a former employee from property Toussaint v Local 100, TWU, CA2, U.S. App. LEXIS 16257 May an employer prohibit an individual it has...
Aug 29, 2012

Employee exonerated of alleged off-duty misconduct

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Employee exonerated of alleged off-duty misconduct NYC Department of Corrections v Gayle, OATH Index #105/12 OATH Administrative Law Judge J...

Payroll deductions

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Payroll deductions Westchester County Correction Officers Benevolent Association, 33 PERB 3025 Although a "letter ruling" by the I...
Aug 28, 2012

An alleged ambiguity in the collective bargaining agreement concerning the applicability of a provision constitutes a matter of contract interpretation and is for the arbitrator to resolve

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An alleged ambiguity in the collective bargaining agreement concerning the applicability of a provision constitutes a matter of contract int...

Reinstatement following layoff focuses on tenure rights

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Reinstatement following layoff focuses on tenure rights Chauvel v. Nyquist, 55 AD2 76, affd., 43 NY2 48) Does “greater system-wide service” ...
Aug 27, 2012

Statute of limitations for challenging a personnel decision begins running when the individual is notified of the final and binding determination

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Statute of limitations for challenging a personnel decision begins running when the individual is notified of the final and binding determin...

Evidence of progress in employee’s treatment for alcoholism tempers disciplinary penalty

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Evidence of progress in employee’s treatment for alcoholism tempers disciplinary penalty NYC Department of Sanitation v Anonymous, OATH Inde...

Payment of vacation leave accruals upon separation from employment

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Payment of vacation leave accruals upon separation from employment Bolin v Nassau County Bd. of Coop. Educ. Servs., 52 AD3d 704 Although the...
Aug 25, 2012

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

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Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli Issued during the week of   August 20 – 26...
Aug 24, 2012

Termination recommended after a special police officer found guilty of giving false information to a police officer

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Termination recommended after a special police officer found guilty of giving false information to a police officer NYC Administration for C...

Discipline involving alleged off-duty misconduct

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Discipline involving alleged off-duty misconduct Local 342 v Town of Huntington, 52 AD3d 720 Local 342 brought an Article 75 action seeking...
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