An administrative hearing in §50.4 termination proceeding is not required

An administrative hearing in §50.4 termination proceeding is not required

55 NY2d 101

The Wayne County Civil Service Commission disqualified an employee and removed him from his position as police officer with the Village of Palmyra pursuant to §50.4 of the Civil Service Law. The Commission had determined that the police officer had “intentionally made false statements of material facts in his application or (had) attempted to practice (a) deception or fraud in his application”. The employee sued, claiming he could not be removed from the position without a hearing.

The Court of Appeals rejected the police officer’s argument, stating that §50.4 “requires no more than that the person be given a written statement of the reasons therefore and afforded an opportunity to make explanation and to submit facts in opposition to such disqualification”. No hearing is required.

The Commission had found that individual had falsified his application with respect to his experience as a police officer and concealed facts related to his separation from previous employment.
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Denial of access to teacher’s mailbox during "non-challenge period" lawful

Denial of access to teacher’s mailbox during "non-challenge period" lawful

89 AD2d 967, Appeal dismissed, 58 NY2d 823

An individual attempted to obtain access to teacher mailboxes in the face of the District’s policy of granting exclusive access to such mailboxes to the certified or recognized employee representative.

The Appellate Division rejected the individual’s denial of free speech argument on the basis that:

there were many alternatives means available to him to communicate with the teachers and

there was not denial of equal protection, as individual and the Middle Country Teachers Association were not similarly situated and therefore there was no differential treatment.

The Appellate Division also pointed out that the District’s policy was not in operation during the period when the certified or recognized union’s representation status could be challenged (See §208.2, Civil Service Law) and dismissed the appeal.

In many school districts the contract itself provides for “exclusive” rights of access to employees in the negotiating unit, except during the “challenge period”. 
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State legislature resists providing information requested by the Moreland Commission to the Commission

State legislature resists providing information requested by the Moreland Commission to the Commission

Source: Office of the Moreland Commission

Reacting to the Senate and the Assembly “refusal to cooperate” with the Commission in its efforts “to examine abuse of office by public officials and misconduct while in office,” the Commission issued the following statement:

STATEMENT FROM MORELAND COMMISSION CO-CHAIRS

"Pursuant to the Executive Order, the mandate of the Moreland Commission, among other things, is to examine abuse of office by public officials and misconduct while in office. Our investigation includes examining New York State legislators and their connections to outside business practices.

"On August 27, we requested information to be submitted by certain legislators. Leaders of the legislature for both the Assembly and Senate refused to cooperate.

"The Commission voted today [October 15, 2013] to aggressively move forward in compelling production of information into specific matters that the Commission is investigating.

"The Commission will continue its mandate of investigating corruption, issuing subpoenas, holding public hearings and will issue our first report on December 1."

Co-Chairs
Kathleen Rice
Milton Williams, Jr.
William Fitzpatrick

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