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 30, 2017

Determining seniority for the purpose of layoff and establishing an educator's position on a "preferred list" for the purpose of reinstatement

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Determining seniority for the purpose of layoff and establishing an educator's position on a "preferred list" for the purpose ...
Jan 24, 2017

An individual's right to due process is truncated if he or she is persuaded not to attend his or her administrative hearing

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An individual's right to due process is truncated if he or she is persuaded not to attend his or her administrative hearing Kennedy v Un...
Jan 8, 2017

Court of Appeals' decision addresses the serving of a late notice of claim on a public entity

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Court of Appeals' decision addresses the serving of a late notice of claim on a public entity Newcomb v Middle Country CSD, 2016 NY Slip...

Decision highlights some essentials of the Freedom of Information Law

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Decision highlights some essentials of the Freedom of Information Law PBA of the New York State, Inc., v State of New York, 2016 NY Slip Op ...
Dec 30, 2016

The Commissioner of Education will dismiss an application or appeal involving an officer and, or, a member of the staff of a school district for improper service of the complaint and, or, lack of subject matter jurisdiction.

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The Commissioner of Education will dismiss an application or appeal involving an officer and, or, a member of the staff of a school district...
Dec 29, 2016

The Fifth Amendment's bar against “self-incrimination” does not protect an individual who lies in the course of an official inquiry

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The Fifth Amendment's bar against “self-incrimination” does not protect an individual who lies in the course of an official inquiry   20...
Dec 28, 2016

Difficulties result following the appointment of a teacher to an “unauthorized tenure area”

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Difficulties result following the appointment of a teacher to an “unauthorized tenure area” Decision of the Commissioner of Education, Decis...
Dec 27, 2016

Employee suspended for one year without pay after failing to comply with school directives

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Employee suspended for one year without pay after failing to comply with school directives 2016 NY Slip Op 08440, Appellate Division, First ...
Dec 26, 2016

New York State Comptroller Thomas P. DiNapoli announced the following audits were issued as indicated

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New York State Comptroller Thomas P. DiNapoli announced the following audits were issued during the week ending December 31, 2016   Source: ...
Dec 22, 2016

Courts, when determining if a penalty is so disproportionate to the charged offense[s] as to shock one's sense of fairness, must consider all the relevant circumstances

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Courts, when determining if a penalty is so disproportionate to the charged offense[s] as to shock one's sense of fairness, must conside...
Dec 21, 2016

Refusing to accept the resignation submitted by an employee

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Refusing to accept the resignation submitted by an employee Decisions of the Commissioner of Education, Decision No. 17,007 In this appeal t...
Dec 20, 2016

Teacher fined $10,000 after subjecting student to corporal punishment

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Teacher fined $10,000 after subjecting student to corporal punishment 2016 NY Slip Op 08301, Appellate Division, First Department The Appell...
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