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.

Jun 6, 2014

Court of Appeals deferred to PERB’s expertise with respect to its holding the employer had engaged in an improper employer practice but ruled its remedy was unreasonable

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Court of Appeals deferred to PERB’s expertise with respect to its holding the employer had engaged in an improper employer practice but rul...
Jun 5, 2014

A disagreement over the penalty assessed by the arbitrator does not constitute a basis for vacating the award

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A disagreement over the penalty assessed by the arbitrator does not constitute a basis for vacating the award 2014 NY Slip Op 03627, Appell...
Jun 4, 2014

An alleged ambiguity in the application of a provision in a collective bargaining agreement is to be resolved by the arbitrator

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An alleged ambiguity in the application of a provision in a collective bargaining agreement is to be resolved by the arbitrator New York Ci...
Jun 3, 2014

An applicant for an accidental or line of duty disability retirement allowance has the burden of establishing that he or she is entitled to such a retirement allowance

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An applicant for an accidental or line of duty disability retirement allowance has the burden of establishing that he or she is entitled to...

The consequences of withdrawing from membership in a retirement system

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The consequences of withdrawing from membership in a retirement system 2014 NY Slip Op 03907, Appellate Division, Third Department An appli...
Jun 2, 2014

The Freedom of Information Law typically does not require an entity to create records not in existence in order to satisfy a FOIL request

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The Freedom of Information Law typically does not require an entity to create records not in existence in order to satisfy a FOIL request 2...

A individual must be a “whistle blower” within the meaning of New York City’s Administrative Code to claim its protection against adverse personnel action

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A individual must be a “whistleblower” within the meaning of New York City’s Administrative Code to claim its protection against adverse p...
May 30, 2014

State Employees’ Retirement System member must have been a public officer or employee earlier in order to “buy back” service credit for such service

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State Employees’ Retirement System member must have been a public officer or employee earlier in order to “buy back” service credit for suc...
May 29, 2014

Albany Law School offers Continuing Legal Education [CLE] courses on line

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Albany Law School offers Continuing Legal Education [CLE] courses on line Attorneys in New York state admitted to practice for more than tw...

Volunteer firefighters must be afforded due process in disciplinary proceedings

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Volunteer firefighters must be afforded due process in disciplinary proceedings A volunteer firefighter was suspended from active duty wit...
May 28, 2014

Unsatisfactory performance rating

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Unsatisfactory performance rating  2014 NY Slip Op 03765, Appellate Division, First Department A second-year probationary teacher took ove...
May 27, 2014

BLACK LETTER law may not be that black

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BLACK LETTER L AW may not be that black Source: New York Times article by Adam Liptak In an article captioned "Final Word on U.S. La...
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