Sustaining an injury driving to work in agency vehicle not a performance of duties injury for the purposes of eligibility for GML §207-c benefits
Matter of Cady v County of Oneida, Supreme Court, Oneida County, 14 Misc3d 1234(A), Affirmed 38 AD3d 1320
David Cady, a Deputy/Investigator for the Oneida County's Sheriff's Department, was assigned an unmarked Sheriff's vehicle. He was authorized to keep the vehicle at his residence and use it to transport himself to and from his work site. Cady was involved in an automobile accident while he was driving to work.* The accident occurred about 10 minutes before Cady was scheduled to be at work.
Cady was injured in the accident and applied for and received worker's compensation benefits. He also applied for disability benefits pursuant to §207-c of the General Municipal Law. His application for §207-c benefits was denied by the County.
The reason advanced by the County: GML §207-c provides benefits for injuries to a deputy sheriff who has been injured in the performance of his duties and that at the time of the accident Cady had not commenced his work duty shift and therefore was not in the performance of his duties.
Cady appealed. The hearing officer concluded that Cady was not entitled to GML §207-c benefits because he was not injured in the performance of his duties. The hearing officer’s determination was adopted by the County. Cady sued, seeking a court order overturning the County’s determination.
Cady argued that he was in the performance of his duties because he is "on call" twenty-four hours a day and could be dispatched to emergencies or to investigate criminal acts. In addition, he claimed, he was directed to be observant for accidents and criminal activity while en route to work using the assigned car. Cady also contended the he was assigned a "take-home" vehicle for the Department's benefit.
The County claimed its conclusion that “Cady was not in the performance of his duties at the time the accident occurred” was neither irrational nor an abuse of discretion. It said that Cady conceded that during his drive to work on the day of the accident he was not dispatched to conduct any investigation nor did he observe any criminal activity.
Supreme Court Judge Grow ruled that the County’s determination that Cady does not qualify for GML §207-c benefits is not irrational, not based on an error of law, not arbitrary, capricious, nor an abuse of discretion, and confirmed the Hearing Officer's determination.
* According to the decision, Cady was not at fault.
The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2006/2006_52585.htm
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.
ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.
Jul 12, 2010
Expanding exemptions from FOIL to protect "technology assets used to maintain public information"
Expanding exemptions from FOIL to protect "technology assets used to maintain public information"
Chapter 154 of the Law of 2010
The Governor has signed into law a bill amending the State’s Freedom of Information Law [Public Officers Law §87]. The bill, which amends Paragraph (i) of subdivision 2 of Section 87* is intended to providing agencies with authority to withhold disclosing of certain records when responding to FOIL requests.
Subdivision 2.1. now reads: (i) if disclosed, would jeopardize [an agency's] the capacity of an agency or an entity that has shared information with an agency to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures”
The amendment was proposed by the State’s Office of Cyber Security and Critical Infrastructure and takes effect immediately.
* Deleted language in [brackets]; new language in italics.
Chapter 154 of the Law of 2010
The Governor has signed into law a bill amending the State’s Freedom of Information Law [Public Officers Law §87]. The bill, which amends Paragraph (i) of subdivision 2 of Section 87* is intended to providing agencies with authority to withhold disclosing of certain records when responding to FOIL requests.
Subdivision 2.1. now reads: (i) if disclosed, would jeopardize [an agency's] the capacity of an agency or an entity that has shared information with an agency to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures”
The amendment was proposed by the State’s Office of Cyber Security and Critical Infrastructure and takes effect immediately.
* Deleted language in [brackets]; new language in italics.
Jul 9, 2010
Appeal to the Commissioner of Education dismissed for failure to name a necessary party
Appeal to the Commissioner of Education dismissed for failure to name a necessary party
Appeal of J.S. from action of the Board of Education of the Jordan-Elbridge Central School District and Superintendent Marilyn Dominick regarding a transfer.
Decision No. 16,077
J.S. served as the district’s elementary school principal of the Jordan-Elbridge Central School District and was granted tenure in the tenure area of “administrator.”
On June 8, 2009, the board authorized an investigation of complaints concerning the district’s elementary school and on the following day J.S. was transferred to the position of Special Project Administrator.
Contending that the transfer was made for disciplinary reasons in violation of the due process rights afforded her under Education Law §3020-a, J.S. asked the Commissioner to direct that the district to reinstate her as Elementary School Principal and that all references to the transfer be expunged from district records.
The Commissioner dismissed the appeal “for failure to join a necessary party.” Commenting that “A party whose rights would be adversely affected by a determination of an appeal in favor of a petitioner is a necessary party and must be joined as such.
The Commissioner explained that the remedy sought by J.S. is “reinstatement to her previous position as Elementary School Principal and that position is currently held by Elizabeth Primo, the interim Elementary School Principal, Primo’s rights would be adversely affected by a determination in [J.S.’s] favor.” Thus Primo is a necessary party and the appeal must be dismissed because of the failure of J.S. to name, and serve her, in the appeal.
In addition, the Commissioner stated that the appeal “must also be dismissed as untimely.” An appeal to the Commissioner must be commenced within 30 days from the making of the decision or the performance of the act complained of, "unless any delay is excused by the Commissioner for good cause shown." The record indicated that J.S was reassigned to the Special Project Administrator position on June 9, 2009 but her petition was not served until October 13, 2009.
Finally, the Commissioner said that J.S.’s appeal, absent the above noted procedural defects, would have been dismissed on the merits.
In an appeal to the Commissioner, the petitioner has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which he or she seeks relief.
The Commissioner said that a board of education has "broad discretion in assigning members of its professional staff, so long as the employee’s tenure rights are not infringed upon." In this instance, said the Commissioner, notwithstanding J.S.’s claim that she was reassigned for disciplinary reasons and she was not accorded the due process protections of Education Law §3020-a, he did not find that J.S. had adequately demonstrate that her transfer was for disciplinary reasons and J.S. did not offered any evidence that disciplinary action was being contemplated prior to the reassignment.
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume49/d16077.htm
Appeal of J.S. from action of the Board of Education of the Jordan-Elbridge Central School District and Superintendent Marilyn Dominick regarding a transfer.
Decision No. 16,077
J.S. served as the district’s elementary school principal of the Jordan-Elbridge Central School District and was granted tenure in the tenure area of “administrator.”
On June 8, 2009, the board authorized an investigation of complaints concerning the district’s elementary school and on the following day J.S. was transferred to the position of Special Project Administrator.
Contending that the transfer was made for disciplinary reasons in violation of the due process rights afforded her under Education Law §3020-a, J.S. asked the Commissioner to direct that the district to reinstate her as Elementary School Principal and that all references to the transfer be expunged from district records.
The Commissioner dismissed the appeal “for failure to join a necessary party.” Commenting that “A party whose rights would be adversely affected by a determination of an appeal in favor of a petitioner is a necessary party and must be joined as such.
The Commissioner explained that the remedy sought by J.S. is “reinstatement to her previous position as Elementary School Principal and that position is currently held by Elizabeth Primo, the interim Elementary School Principal, Primo’s rights would be adversely affected by a determination in [J.S.’s] favor.” Thus Primo is a necessary party and the appeal must be dismissed because of the failure of J.S. to name, and serve her, in the appeal.
In addition, the Commissioner stated that the appeal “must also be dismissed as untimely.” An appeal to the Commissioner must be commenced within 30 days from the making of the decision or the performance of the act complained of, "unless any delay is excused by the Commissioner for good cause shown." The record indicated that J.S was reassigned to the Special Project Administrator position on June 9, 2009 but her petition was not served until October 13, 2009.
Finally, the Commissioner said that J.S.’s appeal, absent the above noted procedural defects, would have been dismissed on the merits.
In an appeal to the Commissioner, the petitioner has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which he or she seeks relief.
The Commissioner said that a board of education has "broad discretion in assigning members of its professional staff, so long as the employee’s tenure rights are not infringed upon." In this instance, said the Commissioner, notwithstanding J.S.’s claim that she was reassigned for disciplinary reasons and she was not accorded the due process protections of Education Law §3020-a, he did not find that J.S. had adequately demonstrate that her transfer was for disciplinary reasons and J.S. did not offered any evidence that disciplinary action was being contemplated prior to the reassignment.
The decision is posted on the Internet at: http://www.counsel.nysed.gov/Decisions/volume49/d16077.htm
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Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, New York Guard.
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