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.

Jan 18, 2013

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The 2013 edition of The Discipline Book, incorporating summaries of relevant decisions issued through December 31, 2012, is now available Th...

New Jersey appellate court upholds district’s removal of teacher who posted derogatory remarks about her students on Facebook

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New Jersey appellate court upholds district’s removal of teacher who posted derogatory remarks about her students on Facebook Source: NSBA L...
Jan 17, 2013

Administrative agency’s failure to follow its own precedents in adjudicating the issue results in court remanding the matter to it for its further consideration

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Administrative agency’s failure to follow its own precedents in adjudicating the issue results in court remanding the matter to it for its f...
Jan 16, 2013

Recent NYC Office of Administrative Trials and Hearings [OATH] decisions

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Recent NYC Office of Administrative Trials and Hearings [OATH] decisions   OATH Index No. 1780/12 After a bridge and tunnel officer (“BTO”) ...

Employer must show that employee's legal speech threatened the effective operation of the employer to prevail in disciplinary action taken against the employee

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Employer must show that employee's legal speech threatened the effective operation of the employer to prevail in disciplinary action tak...
Jan 15, 2013

Education Law §310 may not be used to appeal an administrative decision made by an employee of the State Department of Education

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Education Law §310 may not be used to appeal an administrative decision made by an employee of the State Department of Education Advanced Th...
Jan 14, 2013

In order to be considered by an administrative tribunal, the evidence must be made available to the tribunal prior to its making a final determination

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In order to be considered by an administrative tribunal, the evidence must be made available to the tribunal prior to its making a final det...
Jan 11, 2013

A Reasonable Disciplinary Penalty Under the Circumstances

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A Reasonable Disciplinary Penalty Under the Circumstances  A Reasonable Disciplinary Penalty Under the Circumstances  by Harvey Randall, Esq...

NYS Department of Civil Service has issued a revised “Agency Reduction Transfer Lists” procedure applicable to officers and employees of the State as the employer

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NYS Department of Civil Service has issued a revised “Agency Reduction Transfer Lists” procedure applicable to officers and employees of the...

Failing to comply with the notice requirements for filing a demand for arbitration set out in the collective bargaining agreement is a fatal procedural defect

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Failing to comply with the notice requirements for filing a demand for arbitration set out in the collective bargaining agreement is a fatal...
Jan 10, 2013

A pattern of harassing, demeaning, and continuous bullying of less senior colleagues warrants employee’s termination

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A pattern of harassing, demeaning, and continuous bullying of less senior colleagues warrants employee’s termination Denhoff v Mamaroneck Un...

Supreme Court tells the NYC Department of Education exactly was it must do to avoid being held in contempt of court

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Supreme Court tells the NYC Department of Education exactly was it must do to avoid being held in contempt of court Storman v New York City ...
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