Dec 16, 2016

New York State Department of Civil Service - Policy Bulletin #16-01

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New York State Department of Civil Service - Policy Bulletin #16-01 Separations and Leaves N.B. The Rules of the New York State Civil Servi...
Dec 15, 2016

A school district’s decision to abolish a position and have a BOCES assume performing the duties of the abolished position constitutes a “transfer of a function” within the meaning of Civil Service Law §70(2).

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A school district’s decision to abolish a position in the classified service and have a BOCES assume performing  the duties of the abolished...
Dec 14, 2016

Substantiated, nonpretextual complaints of petitioner's subordinates comprise a legitimate, nondiscriminatory, nonretaliatory reason for terminating supervisor

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Substantiated, nonpretextual complaints of petitioner's subordinates comprise a legitimate, nondiscriminatory, nonretaliatory reason for...
Dec 13, 2016

Evaluating claims seeking to recover damages for alleged defamation and maintaining a hostile work environment

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Evaluating claims seeking to recover damages for alleged defamation and maintaining a hostile work environment In this action to recover dam...
Dec 12, 2016

Rights of employees transferred to another jurisdiction pursuant to §70(2) of the Civil Service Law.

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Rights of employees transferred to another jurisdiction pursuant to §70(2) of the Civil Service Law. The Village of East Syracuse dissolve...
Dec 10, 2016

New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending December 10, 2016

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New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending December 10, 201...
Dec 9, 2016

A procedural misstep in processing an appeal to the Commissioner of Education could result in a fatal jurisdictional defect

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A procedural misstep in processing an appeal to the Commissioner of Education could result in a fatal jurisdictional defect In this appeal L...
Dec 8, 2016

New Jersey court rejects civil service changes for public workers

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New Jersey court rejects civil service changes for public workers Source: Governing the States and Localities “In a defeat for Gov. Christi...

Invoking the attorney – client privilege

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Invoking the attorney - client privilege The primary issue in this appeal is whether attorneys who have sought the advice of their law firm...

Claiming absolute privileges and immunities as a defense in litigation

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Claiming absolute privileges and immunities as a defense in litigation The plaintiff in this Article 78 action, Crvelin, alleged that the B...
Dec 7, 2016

The obligation to arbitrate the matter arising through a statutory mandate set out in Education Law §3020-a requires that the arbitrator’s determination be subject to "closer judicial scrutiny."

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The obligation to arbitrate the matter arising through a statutory mandate set out in Education Law §3020-a requires that the arbitrator’s d...
Dec 6, 2016

Insubordinate and discourteous conduct

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Insubordinate and discourteous conduct OATH Administrative Law Judge Astrid B. Gloade recommended a 25-day suspension without pay as penalty...