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.

May 6, 2017

New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending May 6, 2017

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New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending May 6, 2017   So...
May 5, 2017

Failure of the individual to timely execute his or her oath of office upon election to a public office results in the position becoming vacant by operation of law

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Failure of the individual to timely execute his or her oath of office upon election to his or her  public office results in the position bec...
May 4, 2017

Determining when "actual notice," in contrast to "constructive notice," of an administrative action is required to trigger the running of the Statute of Limitations for filing an Article 78 action

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Determining when "actual notice," in contrast to "constructive notice," of an administrative action is required to trigg...
May 3, 2017

An unexcused procedural omission means the Commissioner of Education will not address the merits of an appeal

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An unexcused procedural omission means the Commissioner of Education will not address the merits of an appeal Appeal of Susan Sudano, Decisi...
May 2, 2017

Hearsay testimony may be admitted in evidence in an administrative hearing

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Hearsay testimony may be admitted in evidence in an administrative hearing Demas v City of New York, 2017 NY Slip Op 03267, Appellate Divisi...
May 1, 2017

A Tweet may constitutes an assault and other electronic triggers resulting in litigation

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A Tweet may constitutes an assault and other electronic triggers resulting in litigation Source: Sui Generis--a New York law blog by Nicole...
Apr 29, 2017

New York State Comptroller Thomas P. DiNapoli recognizes administrative professionals serving in the Office of the State Comptroller

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New York State Comptroller Thomas P. DiNapoli recognizes administrative professionals serving in the Office of the State Comptroller Sourc...
Apr 28, 2017

Determining an appropriate disciplinary penalty under the circumstances

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Determining an appropriate disciplinary penalty "under the circumstances" King v New York State Off. of Alcoholism and Substance A...
Apr 27, 2017

Assigning law enforcement personnel to perform light duty while receiving benefits pursuant to §207-c of the General Municipal Law

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Assigning law enforcement personnel to perform light duty while receiving benefits pursuant  to §207-c of the General Municipal Law Barkor v...
Apr 26, 2017

An employee's resigning his or her position to continue his or her education deemed a voluntarily separation "without good cause"

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An employee's resigning his or her position to continue his or her education deemed a voluntarily separation "without good cause...

An employer's personnel policies may be operative with respect to its employees' conduct while its employees are "off-duty"

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An employer's personnel policies may be operative with respect to its employees' conduct while its employees are "off-duty...
Apr 25, 2017

Assessing the appropriate penalty to be imposed for unprofessional and disrespectful language in the workplace

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Assessing the appropriate penalty to be imposed on an employee found guilty unprofessional conduct and using disrespectful language at the w...
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