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.

Apr 15, 2016

The so-called "Firefighter Rule" bars police officer from suing his or her employer or a coworker for injuries suffered while on duty

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The so-called "Firefighter Rule" bars police officer from suing his or her employer or a coworker for injuries suffered while on ...
Apr 14, 2016

A New York State and Local Retirement System member has only 30 days following the “date of payability” of his or her retirement allowance to change his or her retirement option

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A New York State and Local Retirement System member has only 30 days  following the “date of payability” of his or her retirement allowan...
Apr 13, 2016

A party challenging a rule or regulation adopted by a State agency has the heavy burden of showing that the regulation was unreasonable and unsupported by any evidence

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A party challenging a rule or regulation adopted by a State agency has the heavy burden of showing that the regulation was unreasonable and ...
Apr 12, 2016

Civil Service Law §75 requires that a hearing officer appointed to conduct a disciplinary hearing be so designated in writing by the appointing authority

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Civil Service Law §75 requires that a hearing officer appointed to conduct a disciplinary hearing be so designated in writing by the appoint...
Apr 11, 2016

A public benefit corporation may not establish an alternate civil service system unless such action is authorized by law

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A public benefit corporation may not establish an alternate civil service system unless such action is authorized by law Civil Serv. Empls. ...
Apr 9, 2016

Selected reports issued by the Office of the State Comptroller during the week ending April 9, 2016

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Selected reports issued by the Office of the State Comptroller during the week ending April 9, 2016 Click on text highlighted in color to a...
Apr 8, 2016

Custodian of a public record may decline to release pre-decision materials prepared to assist in final decision making being sought pursuant to a Freedom of Information request

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Custodian of a public record may decline to release pre-decision materials prepared to assist in final decision making being sought pursuant...
Apr 7, 2016

Disability discrimination complaint dismissed upon showing that no reasonable accommodation was available

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Disability discrimination complaint dismissed upon showing that no reasonable accommodation was available Whitfield v New York State Div. o...
Apr 6, 2016

A tenured employee who resigns from his or her position and is subsequently reemployed by his or her former employer in the same title is not automatically entitled to tenure in the position

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A tenured employee who resigns from his or her position and is subsequently reemployed by his or her former employer in the same title is no...
Apr 5, 2016

Additional judicial scrutiny required in reviewing a compulsory arbitration proceeding

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Additional judicial scrutiny required in reviewing a compulsory arbitration proceeding Hamilton v Alley, 2016 NY Slip Op 01928, Appellate D...
Apr 4, 2016

Failing to provide a fair hearing requires the voiding a Civil Service Commission’s decision sustaining the termination of an employee by the appointing authority

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Failing to provide a fair hearing requires the voiding a Civil Service Commission’s decision sustaining the termination of an employee by th...

An individual or organization must have “standing” in order to maintain an Article 78 action challenging an administrative decision

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An individual or organization must have “standing” in order to maintain an Article 78 action challenging an administrative decision Thomas v...
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