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 13, 2012

A court’s review of a quasi-judicial administrative hearing is limited

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A court’s review of a quasi-judicial administrative hearing is limited Mannino v Department of Motor Vehicles.- Traffic Violations Division...

Audits released by the New York State Comptroller

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Audits released by the New York State Comptroller From the Office of the State Comptroller, December 11, 2012 On December 11, 2012 New York ...
Dec 12, 2012

Members of the State's Security Guard Advisory Council are State officers or employees for the purposes of Public Officers Law §17

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Members of the State's Security Guard Advisory Council are State officers or employees for the purposes of Public Officers Law §17 Opini...

Reassignment of school principals challenged by students, resident taxpayers and employees of the school district

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Reassignment of school principals challenged by students, resident taxpayers and employees of the school district Decisions of the Commissio...
Dec 11, 2012

Juul Agreement entered into by the parties extending a teacher’s probationary period held valid notwithstanding its not being presented to and approved by the school board

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Juul Agreement * entered into by the parties extending a teacher’s probationary period held valid notwithstanding its not being presented t...
Dec 10, 2012

An individual terminated pursuant to Civil Service Law §71 must be reinstated consistent with §71 once the individual has been found qualified to return to work by a medical officer selected by personnel department or civil service commission having jurisdiction

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An individual terminated pursuant to Civil Service Law §71 must be reinstated consistent with §71 once the individual has been found qualifi...
Dec 8, 2012

From the Office of the State Comptroller

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From the Office of the State Comptroller Published during the week of November 26 - December 2, 2012 DiNapoli: New Yorkers Facing $43 Billi...
Dec 7, 2012

Amounts paid to an individual “as compensation” required by contract to be returned to the employer ignored in determining a final average salary upon retirement

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Amounts paid to an individual “as compensation” required by contract to be returned to the employer ignored in determining a final average s...
Dec 6, 2012

Employer met its burden of showing employee failed to establish her age discrimination, hostile work environment, constructive discharge and retaliation claims

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Employer met its burden of showing employee failed to establish her age discrimination, hostile work environment, constructive discharge and...
Dec 5, 2012

Imposing a greater penalty than that recommended by a disciplinary hearing officer

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Imposing a greater penalty than that recommended by a disciplinary hearing officer 2012 NY Slip Op 08219, Appellate Division, Third Departme...
Dec 4, 2012

Unambiguous contract of employment language that is inconsistent with the employer’s policy nevertheless controls

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Unambiguous contract of employment language that is inconsistent with the employer’s policy nevertheless controls Chatelle v North Country C...
Dec 3, 2012

Limiting the pool of eligibles for a promotion examination to enhance the chances of provisional employees for permanent appointment violates Article VI, §6, of the State Constitution

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Limiting the pool of eligibles for a promotion examination to enhance the chances of provisional employees for permanent appointment violate...
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