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NEW YORK STATE DEPARTMENT OF CIVIL SERVICE ANNOUNCES ONLINE CIVIL SERVICE EXAMINATION NOW AVAILABLE TO PURSUE PUBLIC SERVICE CAREERS AS ATTORNEYS |
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The New York State Department of Civil Service (DCS) has announced that individuals interested in a career as an attorney in New York State public service can now apply and complete the Legal Specialties exam online. The civil service exam is held continuously and is used to fill multiple attorney titles across New York State agencies.
Click Here for more information. People interested in being considered for attorney positions within state government must first meet the minimum qualifications for the exam, which requires candidates to be a graduate of an accredited law school with an LLB or JD degree or be eligible to take the New York State Bar exam. All applicants who meet the minimum qualifications should apply for and complete the exam to be considered for available positions. The online exam will require candidates to provide information about their training and experience with an online questionnaire that is completed and submitted by the candidate. Candidates should be prepared to provide detailed information on their education, work experience, dates of employment, and supervisor contact information to answer the questions completely. The exam is used to fill the following titles at multiple agencies:
All positions include generous benefits including paid leave, health benefits, and retirement plans, and telecommuting options may be available to employees in these titles who meet certain criteria. It is estimated that approximately 100 attorney positions will be filled statewide over the next year. Click Here to learn more about working for the State of New York and how to take the next step in pursuing a rewarding career in public service. As part of the launch of the Legal Specialties exam, New York State has launched a statewide social media campaign, which will include videos and web content to help attract candidates to apply for the exam. Campaign content and additional information and resources to help candidates complete the exam is available at www.cs.ny.gov/legal-specialties. | |
Sep 8, 2023
PURSUE A CAREER IN PUBLIC SERVICE AS AN ATTORNEY WITH THE STATE OF NEW YORK
Governor Kathy Hochul signs legislation to enhance state and municipal opportunities for employment in the civil service
On September 7, 2023, Governor Kathy Hochul signed two pieces of legislation to expand access to employment opportunities in civil service.
One, Chapter 358 of the Law of 2023, requires the Department of Civil Service and municipal civil service commissions to provide civil service examination announcements to local Boards of Cooperative Educational Services (BOCES), school districts, public colleges, public universities, local social services districts, and, to the extent practicable, job training programs.
The other, Chapter 356 of the Laws of 2023, provides that time spent as a provisional employee be counted towards satisfying an employee's probationary period upon receiving a permanent appointment in the same title. The bill provides "Notwithstanding the foregoing or any law or rule to the contrary, any person appointed provisionally in accordance with section sixty-five of this title who receives a permanent appointment to the same title shall have all time spent as a provisional appointment credited to any probationary term that is required upon permanent appointment to a position."
Sep 7, 2023
Determining the effective date of resignations submitted by public officers of the State of New York and of its political subdivisions
On September 7, 2023, Albany Times Union Columnist Chris Churchill reported that Roman Catholic Diocese of Albany Bishop Edward Scharfenberger "submitted [his resignation] to the Vatican on the occasion of Scharfenberger's May 29 birthday ... reflected that bishops are required to submit their resignation when they turn 75."
Mr. Churchill opined, "Pope Francis can now accept Scharfenberger's resignation and name a replacement. But that isn't expected, principally for two reasons: One, Scharfenberger doesn't want to step down just yet, and, two, it is likely the pope will want the bishop to see out an ongoing Chapter 11 bankruptcy process initiated in response to Child Victims Act claims."
Such is not the case with respect to a resignation submitted by a public officer of the State of New York or a by a public officer of a political subdivision of the State of New York as §31.2 of the New York State Public Officers Law, Resignations,* provides as follows:
"Every resignation shall be in writing addressed to the officer or body to whom it is made. If no effective date is specified in such resignation, it shall take effect upon delivery to or filing with the proper officer or body. If an effective date is specified in such resignation, it shall take effect upon the date specified, provided however, that in no event shall the effective date of such resignation be more than thirty days subsequent to the date of its delivery or filing; except that the effective date of the resignation of a judge or justice of the unified court system may be up to ninety days subsequent to the date on which such resignation is delivered or filed. If a resignation specifies an effective date that is more than thirty days subsequent to the date of its delivery or filing, or more than ninety days subsequent thereto where such resignation is that of a judge or justice, such resignation shall take effect upon the expiration of thirty days from the date of its delivery or filing, or upon the expiration of ninety days therefrom, as appropriate."
The withdrawal of a resignation delivered to the appropriate officer or body typically requires the approval of the appointing authority or body, as the case may be.
* Other state statutes provide for procedures to be followed with respect to the submission of a resignation by particular public officers. In addition, rules and regulations, and provisions set out in a collective bargaining agreement negotiated pursuant to Article 14 of the Civil Service Law, the so-called Taylor Law, may control with respect to resignations of employees of the State as the employer or employees of a political subdivision of the State as the employer. Further, although not all public employees in the civil service are public officers, all public officers in the civil service are public employees.
New York State Public Personnel Law e-books
The Discipline Book - For information and access to a free excerpt of the material presented in this e-book HERE
A Reasonable Disciplinary Penalty - For information and access to a free excerpt of the material presented in this e-book Click HERE .
The Layoff, Preferred List and Reinstatement Manual - For information and access to a free excerpt of the material presented in this e-book Click HERE .
Disability Leave for fire, police and other public sector personnel - For information and access to a free excerpt of the material presented in this e-book Click HERE .
New York State Comptroller Thomas P. DiNapoli releases audits
New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued on September 6, 2023.
Click on the text highlighted in color to access the entire audit report.
State University of New York – Oversight of Disability Services
(2021-S-42)
The State University of New York (SUNY) is the largest comprehensive system of
public education in the nation, serving about 370,000 students each year.
During the 2020-21 academic year, 31,367 students self-reported a disability at
the campuses. The Americans with Disabilities Act (ADA) prohibits
discrimination on the basis of disability by public entities, including access
to programs, activities, and services. The 2010 ADA Standards for Accessible
Design (ADA Standards) set minimum scoping and technical requirements for newly
designed and constructed or altered State and local government facilities,
public accommodations, and commercial facilities. For a sample of six campuses
(Binghamton University, Maritime College, Stony Brook University, SUNY
Morrisville, SUNY Cobleskill, and SUNY Oneonta), auditors found they provided
academic accommodations to students with disabilities, provided outreach and
training to students and staff about their services, and received no complaints
regarding discrimination. With the exception of SUNY Morrisville, the campuses
adequately documented that students who reported a disability either were provided
accommodations or did not complete the self-reporting process. Additionally,
auditors found that buildings, structures, and parking lots at the six campuses
were ADA compliant, but also identified 170 areas where
accessibility could potentially be improved should SUNY seek to go beyond the
minimum ADA Standards.
Department of Health – Improper Medicaid Payments for Outpatient Services
Billed as Inpatient Claims (2022-S-16)
The State’s Medicaid program reimburses hospitals for services. A recipient’s
status in a hospital – inpatient versus outpatient – affects Medicaid’s
reimbursement for services provided. Inpatient care generally requires
recipients to stay overnight in the hospital and be monitored throughout
treatment and recovery. Generally, outpatient services are medical procedures
that can be performed in the same day, commonly making them less expensive
because they are less involved and do not require a patient’s continued
presence in a facility. The audit identified 34,264 fee-for-service inpatient
claims, totaling $360.6 million, where hospitals reported the recipients were
discharged within 24 hours of admission. There is a high risk that a portion of
these claims were improper if the services provided should have been billed as
outpatient. For a judgmental sample of 190 claims, totaling $4,261,428, from
six hospitals, auditors found 91 claims (48%), totaling $1,577,821, were billed
improperly. There is an equally high risk that a portion of the remaining
34,074 claims, totaling $356 million, were likewise improperly billed as
inpatient services.
State Education Department (Preschool Special Education Audit Initiative)
– Queens Centers for Progress – Compliance With the Reimbursable Cost Manual
(2022-S-41)
Queens Centers for Progress, a New York City-based not-for-profit organization,
is approved by the State Education Department to provide preschool special
education services to children with disabilities who are between the ages of 3
and 5 years. For the 3 fiscal years ended June 30,
2019, Queens Centers for Progress reported approximately $14.8 million
in reimbursable costs for the SED preschool cost-based programs. Auditors
identified $257,297 in reported costs that did not comply with requirements.
New York City Department of Housing Preservation and Development –
Mitchell-Lama Vacancies (Follow-Up) (2022-F-34)
The Mitchell-Lama Housing Program provides affordable rental and cooperative
housing to middle-income families. The New York City Department of Housing
Preservation and Development (HPD) supervises 93 Mitchell-Lama rental and
limited-equity cooperative developments with approximately 47,000 total
apartments in NYC. Apartments in Mitchell-Lama developments tend to be
desirable because of their affordability; consequently, the waiting lists for
many of these apartments can be quite lengthy. To ensure efficient turnover of
vacant apartments, HPD’s Reporting and Compliance Directive (Directive)
requires developments to fill vacancies within 120 days. A prior audit report,
issued in July 2021, found that, despite the scarcity of affordable housing,
vacant apartments were generally not filled in the 120-day time frame, with
1,286 apartments taking, on average, 222 days to fill, including 214 that
remained vacant for a year or longer. As of December 31, 2019, 78 developments
reported 670 vacancies, 371 (55%) of which had been vacant for over 120 days,
including 111 apartments vacant for over a year and eight apartments vacant for
more than 3 years. At one development, 15 apartments had been vacant for as
long as 30 years. The follow-up found HPD made some progress in addressing the
problems identified in the initial audit report, but more action is needed. HPD
made efforts to simplify data reporting and analysis, improve monitoring of
developments, identify developments with consistent delays filling vacancies,
and repair uninhabitable apartments, but did not provide documentation to
support their review or analysis of vacancy reports or verification of action
plans to fill vacant apartments. Of the initial report’s six audit
recommendations, one was implemented, four were partially implemented, and one
was not implemented.
Office of Children and Family Services – Oversight of Adult Protective
Services Programs (Follow-Up) (2023-F-6)
The Office of Children and Family Services (OCFS) oversees Adult Protective
Services (APS), State-mandated services for adults who, because of a mental or
physical impairment, are unable to meet their essential needs, need protection
from harm, and have no one available to assist them responsibly. To ensure that
APS activities meet State standards, OCFS conducts Practice Reviews (Reviews)
of each APS provider and may require a provider to submit a written program
improvement plan (PIP). A prior audit report, issued in November 2021, found
that OCFS policies and procedures lacked explicit guidance on critical aspects
of the Review process, including time frames for conducting Reviews, follow-up
with providers regarding deficiencies and PIPs, and documentation of these
efforts. Further, progress notes were not always entered into the case files
within the required time frame and, thus, may not have captured the most
accurate record of events to ensure that clients’ needs were met. The initial
audit found the most prevalent case file documentation issues with the Staten Island field office – issues
also identified during OCFS’ 2017 Review. However, OCFS did not follow up on
these deficiencies. The follow-up found OCFS made progress with these issues,
but improvements are still needed. OCFS worked to improve data relating to APS
referrals and APS provider actions and revised policies and procedures to
outline required Review activities and designate responsible staff and
timelines. However, the new procedures lacked guidance regarding follow-up with
APS providers who showed deficiencies after corrective actions had been taken
to address PIPs. Of the initial report’s three recommendations, one was
implemented and the other two were partially implemented.
Homes and Community Renewal – Office of Rent Administration – Collection
of Fines Related to Tenant Complaints (Follow-Up) (2023-F-9)
The Office of Rent Administration (ORA), part of Homes and Community Renewal
(HCR), administers rent laws and regulations for regulated apartments in the
State. Non-compliance and harassment cases filed by rent-regulated tenants that
cannot be resolved by settlement, mediation, or conference are heard before an
Administrative Law Judge. Owners found to be in violation could face fines of
at least $1,000 for each first non-compliance offense and at least $2,000 for
each first harassment offense. A prior audit report, issued in December 2019,
found ORA lacked proper fiscal controls over fines and settlements, providing
limited assurance that all monies due to the State were received and accounted
for. ORA was also not exercising its full authority to collect outstanding
fines in a more timely manner. While most owners paid their fines, at least
$346,000 in fines was outstanding as of April 10,
2019, including $206,000 in fines and interest dating back to 1995.
The follow-up found ORA made progress with addressing these issues,
establishing a system to accurately track fines and settlements, improving
communication about fines among different divisions and units of HCR, and
reinstating a process to refer judgments for collection. However, ORA has not
identified a process for tracking repeat offenders, stating another unit within
HCR performs that function. ORA has also not enhanced protections for
rent-controlled tenants outside NYC, citing legal constraints. Of the initial
report’s six recommendations, three were implemented, one was partially
implemented, and two were not implemented.
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Sep 6, 2023
Ransomware and Data Breaches
On September 5, 2023,
GOVTECH CYBERSECURITY noted that "Reports from cybersecurity companies
in 2023 show mixed trends regarding the number of global data breaches,
ransomware attacks, records affected and government costs. But one thing is
clear: Cyber attack impacts steadily grow." READ
MORE
N.B. The 2023 New York Public Sector Secure Operations (SecOps) Summit provides an opportunity for government technology professionals to learn about the latest efforts to defend, respond and recover from cyber criminal attacks. Hosted by the New York Office of Information Technology Services (ITS), presenters include cybersecurity leaders from state and local government throughout New York.
Event Date: November 1, 2023 ---- Open to Public Sector only.
Registration is Free, Click here to Register Now
Deducting union dues from the paycheck of an individual in the collective bargaining unit after the individual resigned from the union challenged
A school bus driver [Plaintiff] filed an action under 42 U.S.C. §1983 against two public-sector unions and her employer, the New Hartford Central School District [Respondents], alleging that their continued deduction of union fees from her paycheck following her resignation from both unions violated her First and Fourteenth Amendment rights citing Janus v. Am. Fed’n of State, Cnty., and Mun. Emps., Council 31, 138 S. Ct. 2448 (2018).
The United States District Court for the Northern District of New York dismissed Plaintiff's complaint and she appealed, contending that "the district court erred by prematurely dismissing her claims against the unions for, among other things, failing to adequately plead state action." The United States Court of Appeals, Second Circuit, disagreed, concluding that "because [Plaintiff] voluntarily became a union member and affirmatively agreed to pay union dues through payroll deductions for a set period, the district court properly dismissed her claims."
Plaintiff challenged the deduction of union dues from her paycheck after she resigned from the Unions in March 2021, alleging violation of her First and Fourteenth Amendment rights under color of Janus v. Am. Fed’n of State, Cnty., and Mun. Emps., Council 31, 138 S. Ct. 2448.
The Circuit Court opined that "The Supreme Court’s decision in Janus invalidated the collection of agency fees from non-union members but left intact “labor-relations systems exactly as they are.”
In the words of the Circuit Court, Plaintiff's claims against the Respondents fail because the District’s withholding of union dues did not constitute a violation of her First and Fourteenth Amendment rights. The Circuit Court then affirmed the district court’s dismissal of Plaintiff's action. The Circuit Court noted that in 2018, Plaintiff signed a union membership and dues deduction authorization form that, in relevant part, included the following provision:
I understand that this authorization and
assignment is not a condition of my employment and shall remain in effect, regardless
of whether I am or remain a member of the union, for a period of
one year from the date of this authorization and shall automatically
renew from year to year unless I revoke this authorization by sending a
written, signed notice of revocation via U.S. mail to the union
between the window period of Aug. 1-31 or another window period specified in a
collective bargaining agreement.*
Plaintiff resigned from the Unions. Plaintiff was then informed that "although she was no longer a member of the union, dues would continue to be deducted from her paychecks unless and until she sent a written and signed notice of revocation in the August 'window period,' as described in the Membership Agreement."
The School District continued to deduct union dues from Plaintiff’s paychecks "through at least May 28, 2021," but discontinued the deductions when plaintiff sent the required notice of revocation in August."
The Second Circuit said it joined "the growing list of our sister circuits and conclude that Janus does not relieve Appellant of her contractual duties to pay union dues under the Membership Agreement." It then noted that in Janus the Supreme Court "explicitly limited the reach of Janus by noting '[s]tates can keep their labor-relations systems exactly as they are—only they cannot force nonmembers to subsidize public-sector unions.'"
In the words of the Circuit Court, Plaintiff's "signing of the Membership Agreement constitutes an affirmative consent to pay dues. Accordingly, the facts of this case place it outside the scope of Janus."
* The Circuit Court's decision notes
that "Under the Taylor Law, such deduction authorizations remain in effect
until they are revoked by the individual employee 'in accordance with the terms of
the signed authorization.'" [See N.Y. Civ. Serv. Law §208(1)(b)(i).]
Click HERE to access the entire opinion of the Second Circuit posted on the Internet.
Sep 5, 2023
Public health in New York City and New York State - COVID-19 tracking, sports data, Medicaid enrollment, environmental data, hate crimes, and more.
Isaac Michaels, MPH, invites you to visit his personal data-science website which offers a range of reports and analyses, with a primary focus on public health in New York City and New York State.
These analyses cover diverse topics including COVID-19 tracking, sports data, Medicaid enrollment, environmental data, hate crimes, and more.
Michaels is an epidemiologist dedicated to leveraging open data to promote transparency and positive change. All of the analyses on his website are conducted using publicly available data and open-source software to provide valuable, data-driven insights into public health and societal issues.
Michaels updates the analyses routinely as the respective underlying data are updated. His website serves as a valuable resource for those interested in epidemiology and data science.
Click HERE to access Michaels' site on the Internet.
Neutrality and impartiality is required of school district officers in actions involving the adoption of a proposed school district budget
Petitioner in this Education Law §306 appeal to the Commissioner of Education became concerned over the school district’s proposed 2022-23 school year budget, which included a projected 4.5% increase in the property tax levy.
Petitioner met with the Superintendent of Schools [Superintendent] to discuss the proposed tax increase. The Superintendent told Petitioner that the increase was needed "to provide the district with sufficient savings in the event of a reduction in state aid funding." Petitioner disagreed and indicated that he planned to share his findings with the local newspaper.
Ultimately Petitioner, contending that the Superintendent attempted to suppress his letter to the editor and "engaged in impermissible partisan activity", sought to have the Commissioner remove the Superintendent "from office pursuant to Education Law §306."
The Commissioner ruled that Petitioner's application to remove the Superintendent from office "must be denied for lack of the required notice." Pointing out the §277.1 (b) of the Commissioner’s regulations "dictates the specific notice required for removal applications pursuant to Education Law §306", the Commissioner noted that such notice is distinct from the notice required under §275.11(a) for appeals pursuant to Education Law §310.
Such notice of petition secures jurisdiction over the intended respondent and alerts the respondent that he or she must appear in the removal proceeding and answer the allegations contained in the application [See Application of Johnson, et al., 56 Ed Dept Rep, Decision No. 17,055, and other relevant decisions of the Commissioner of Education].
The Commissioner indicated that "a removal application that does not include the specific notice required by 8 NYCRR 277.1 (b) is fatally defective." As the Petitioner's application lacks the required notice to the Petitioner, the Commissioner ruled it must be denied "lack of jurisdiction".
The Commissioner then observed that the Superintendent requested "a certificate of good faith pursuant to Education Law §3811(1), which certification is solely for the purpose of authorizing a board of education to indemnify a respondent for costs incurred in defending against a proceeding arising out of the exercise of the respondent’s powers or the performance of the respondent’s duties as a board member or other official listed in section 3811(1)." Typically the Commissioner will issue such certification unless the record establishes that the requesting respondent acted in bad faith.
As Petitioner's appeal was dismissed "on procedural grounds without any findings on the merits," the Commissioner certified, solely for the purpose of Education Law §3811(1), that the Superintendent " is entitled to the requested certification", citing Appeal and Application of Petrocelli, 62 Ed Dept Rep, Decision No. 18,223.
However, advised the Commissioner, "Nothing in this decision should be interpreted as condoning [the Superintendent's] actions, which, even if motivated by an earnest desire to achieve passage of the budget, did not reflect the 'neutrality and impartiality' required of school officers in connection with school budgets."
Click HERE to access the Commissioner's decision posted on the Internet.
Sep 2, 2023
The 2023 New York Public Sector Secure Operations (SecOps) Summit
Overview
Cyber-attacks have increased dramatically over the last few years.
The 2023 New York Public Sector Secure Operations (SecOps) Summit provides an opportunity for government technology professionals to learn about the latest efforts to defend, respond and recover from cyber criminals who wish to do harm.
The Summit, hosted by the New York Office of Information Technology Services (ITS), will include cybersecurity leaders from state and local government throughout New York.
Event Date: November 1, 2023 ---- Open to Public Sector only.
Registration is Free, Click here to Register Now
Sep 1, 2023
Municipal and School Audits released by New York State Comptroller
On Septermber 1, 2023, New York State Comptroller Thomas P. DiNapoli
announced the following local government and school audits were issued.
Click on the text highlighted in color to access the complete audit report
Hicksville Union Free School District – Managing Network User Accounts (Nassau County)
District officials did not properly manage network user account controls to help maintain continuity of business office operations and prevent unauthorized computer use, access and loss. Officials also did not establish written procedures for granting, verifying, changing and disabling network user account access, including business office network user account access. Some sensitive information technology control weaknesses were confidentially communicated to district officials.
Rondout Valley Central School District – Fixed Assets (Ulster County)
District officials did not properly account for and monitor all of the district’s fixed assets. Of the 80 fixed assets totaling $856,681 reviewed, 64 assets totaling $549,117 were not properly accounted for. Testing identified: 34 fixed assets with a combined cost of $255,775 did not have the required asset tags identifying them as district-owned; and 12 fixed assets with a combined cost of $213,960 could not be located. Another 18 fixed assets with a combined cost of $79,383 were not recorded on the district’s inventory list.
Town of Seneca Falls – Cash Collections (Seneca County)
The town supervisor’s office did not maintain adequate receipt documentation for cash collections totaling $186,873 and reconciliations were not always performed or reviewed. Officials did not properly deposit and record approximately $10,000 of permit fees and $2,000 of security deposits for facility rentals in accordance with statutory requirements. In addition, the accounting functions performed by staff were not always properly segregated or reviewed and the town board did not adopt a written town-wide cash collection policy.
Mexico Academy Central School District – Procurement (Oswego County)
District officials did not always seek competition when purchasing goods and services as required by the procurement policy. Officials did not seek competition when procuring professional services for occupational and physical therapy, legal, music therapy, advertising and architectural services from seven vendors totaling $640,880. The district also did not obtain written quotes for the purchase of certain items from three vendors totaling $17,762 and did not maintain documentation to justify why they used nine sole source providers for the purchase of goods and services totaling $54,045.
Village of Johnson City – Sexual Harassment Prevention (SHP) Training (Broome County)
SHP training was not provided to all employees. Of the 20 total individuals tested (14 selected employees and all six elected officials), two employees did not complete the annual SHP Training. Additionally, over 30 seasonal workers were excluded from SHP training and one of the two SHP trainings provided by the village did not include all the minimum requirements. As a result, most village employees were provided with incomplete SHP Training.
East Irondequoit Central School District – Sexual Harassment Prevention Training (Monroe County)
SHP training was not provided to all employees or any board members. Although employees are required to complete SHP training each year, board members are not. Of the 110 total individuals tested (101 selected employees and all nine board members), 15 employees and the nine board members did not complete the annual SHP training. Additionally, the district excluded per diem and stipend employees from SHP Training.
Avoca Central School District – Sexual Harassment Prevention Training (Steuben County)
SHP Training was not provided to all employees or any board members. Employees are required to complete SHP training each year, though board members are not. Of the 20 total individuals tested (15 selected employees and all five board members), four employees and the five board members did not complete the annual SHP Training.
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Also available on the Internet:
State and Local Retirement System (NYSLRS) for State Fiscal Year (SFY) 2024-25.
Employers’ average contribution rates will increase from 13.1% to 15.2% of
payroll for the Employees’ Retirement System (ERS) and from 27.8% to 31.2% of
payroll for the Police and Fire Retirement System (PFRS).
Click Annual Report to the Comptroller on Actuarial Assumptions to access the Comptroller's Annual Report.
Administrative Law Judge recommended the termination of an employee "who was discourteous and falsified timekeeping records"
The New York City Dep’t of
Health & Mental Hygiene [Employer] served one of its Public Health Nurses [Respondent]
with disciplinary charges pursuant to §75 of the Civil Service Law alleging
Respondent had engaged in "uncivil and discourteous behavior toward a
co-worker, slept on duty, and repeatedly falsified her timesheets".
Respondent, appearing via video-conference and presenting four witnesses and documentary evidence, denied all charges.
New York City Office of Administrative Trials and Hearings Administrative Law Judge Kevin F. Casey made the following findings:
1. Employer proved that Respondent engaged in uncivil and discourteous behavior, and conduct prejudicial to good order and discipline as alleged in Charge I, Specification A, of the amended petition;
2. Employer failed to prove that Respondent used inappropriate language or pushed a school nurse, as alleged in Charge I, Specification A, of the amended petition;
3. Employer failed to prove that Respondent slept on duty or engaged in conduct prejudicial to good order and discipline as alleged in Charge II, Specification A, of the amended petition;
4. Employer proved that Respondent submitted false records and engaged in conduct prejudicial to good order and discipline when she falsified her timekeeping records on 15 occasions alleged in Charge III, Specifications A through N, and Specification P, of the amended petition; and
5. Employer failed to prove that Respondent falsified her timesheet on one occasion, May 24, 2022, as alleged in Charge III, Specification O, of the amended petition.
After making the above findings, Judge Casey requested and received Respondent’s disciplinary history and recent performance evaluations. The ALJ noted the record indicated that [1] in 2018 Respondent accepted a reprimand in satisfaction of charges that she slept on duty on two occasions; [2] Respondent failed to leave a school building during a fire drill; and [2] Respondent's most recent, available performance evaluation rates her work as good.
Noting that Employer seeks the termination of Respondent’s employment, Judge Casey opined that "That is appropriate. Falsifying timesheets is serious misconduct that often leads to termination of employment, citing a number of decisions by New York City Office of Administrative Trials and Hearings Administrative Law Judges.
In the words of Judge Casey, the Employer "expects its employees to be trustworthy and respondent’s duties as a nurse include accurate record-keeping. Respondent’s repeated and deliberate dishonesty is a fundamental form of misconduct that demonstrates her unreliability. Though Respondent has a long tenure with the agency, good evaluations, and only a minor disciplinary history, those mitigating factors are heavily outweighed by the frequency and severity of her misconduct.
Observing that "Respondent failed to accept any responsibility for her false records and unsuccessfully attempted to shift the blame to others", Judge Casey recommended that the Respondent be terminated from her position.
Click HERE to access Judge Casey's decision posted on the Internet.
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A Reasonable Disciplinary Penalty Under the Circumstances -- The text of this e-book focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE.