An employee's status as reported in the agency’s records control notwithstanding an error in correspondence concerning the employee’s employment status

An employee's status as reported in the agency’s records control notwithstanding an error in correspondence concerning the employee’s employment status

2014 NY Slip Op 08718, Appellate Division, First Department

An individual [Officer] initiated the grievance process set out in collective bargaining agreement challenging the Metropolitan Transportation Authority Police Department’s director of labor relations' action that “purportedly terminated [Officer’s] employment as a police officer”  with Authority’s Police Department. 

When his grievance was denied, Officer demanded that his grievance be submitted to arbitration. However, before the arbitration commenced, Officer filed an Article 78 petition in Supreme Court, New York County, seeking to vacate his “purported termination” from his position.

Supreme Court denied Officer’s petition and dismissed the proceeding on the ground that Officer failed to exhaust his administrative remedies. The Appellate Division sustained the Supreme Court’s ruling.

The Appellate Division explained that the relevant collective bargaining agreement had a "Waiver of Trial Agreement" (Waiver Agreement) incorporated into the collective bargaining agreement's binding arbitration procedure as the means of determining, "in future cases of misconduct," whether Officer had committed a "serious violation" of Authority Police Department’s rules. The Police Department later determined that subsequent to the parties entering into the Waiver Agreement Officer had committed a serious violation.

The Appellate Division said that Officer failed to establish that he was actually terminated before arbitration in violation of the Waiver Agreement.

To the extent a mistake was made when a personnel order, dated August 21, 2012, was issued to all department members stating that Officer had been terminated, the mistake was corrected by the issuing of a revised order, dated April 12, 2013, to all department members stating that Officer was suspended without pay rather than terminated. 

Further, said the Appellate Division, the Department's records demonstrate that effective August 20, 2012 Officer was placed on an unpaid leave of absence.

Similarly, in the event an employee status as reflected in the agency’s records is inconsistent with records of the relevant civil service commission, the commission’s records control absent a finding that the commission’s records are in error.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2014/2014_08718.htm

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Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending December 20, 2014

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending December 20, 2014

Click on text highlighted in color  to access the full report

DiNapoli: Audit Reveals Theft of Cash, Questionable Spending by Minetto Volunteer Fire Department Chief

The chief of the Minetto Volunteer Fire Company in Oswego County spent nearly $6,000 in public funds on personal purchases such as guns and motorcycle parts, according to an audit released Friday by State Comptroller Thomas P. DiNapoli. The audit revealed a total of $22,000 in misused funds, questionable spending and missing cash.

Buffalo Business Delivers $9 Million Investment Gain to the State Pension Fund

AccuMED, a manufacturer located in Buffalo, has generated an estimated $9 million investment gain for the New York State Common Retirement Fund, New York State Comptroller Thomas P. DiNapoli announced Tuesday. The investment was made through the Fund’s In-State Private Equity Program, which is designed to make profitable investments in New York state-based companies.

DiNapoli: New York City’s Financial Outlook Improving

New York City’s revised four-year financial plan shows substantially smaller out-year gaps than projected by the city in June 2014, mostly because of higher tax revenues and lower projected pension and debt service costs, according to a report released Tuesday by New York State Comptroller Thomas P. DiNapoli.

DiNapoli: Former Le Roy Fire Dept. Treasurer Pleads Guilty in $46,000 Theft of Public Funds

The former treasurer of the Le Roy Fire Department and the Le Roy Fireman’s Benevolent Association pleaded guilty Tuesday to stealing nearly $46,000 in public funds, much of which he spent on gambling at upstate casinos, according to audits and an investigation by New York State Comptroller Thomas P. DiNapoli.

DiNapoli Announces State Contract & Payment Actions for November 2014

State Comptroller Thomas P. DiNapoli announced Tuesday his office reviewed over 2,000 contracts valued at $2.1 billion and approved nearly 1.2 million payments worth nearly $8.9 billion in November. His office also rejected 166 contracts and related transactions valued at $348 million and more than 1,700 payments valued at more than $3.9 million due to fraud, waste or other improprieties.

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An award of back pay plus $200,000 in compensatory damages, plus interest, sustained as reasonably related to the wrongdoing and comparable to other awards for similar injuries

An award of back pay plus $200,000 in compensatory damages, plus interest, sustained as reasonably related to the wrongdoing and comparable to other awards for similar injuries

State Div. of Human Rights v Steve's Pier One, Inc., 2014 NY Slip Op 08445, Appellate Division, Second Department

In a ruling dated October 12, 2011, the Commissioner of the New York State Division of Human Rights adopted the recommendation and findings of an administrative law judge.

The administrative law judge found that the complainant was subjected to a hostile work environment because of his gender and was constructively discharged from his employment because of his gender. 

The complainant's employer, Steve's Pier One, Inc., [and others] and their respective owner, Joseph Genova, individually, were found liable for the sexual harassment. The Commissioner awarded the complainant damages in the principal sums of $3,248, plus interest at the rate of 9% per year from June 30, 2001, for back pay, and $200,000, plus interest at the rate of 9% per year from October 11, 2011, in compensatory damages for mental anguish and humiliation.

The Appellate Division sustained the Commissioner's determination and award, holding that the Commissioner's ruling was supported by substantial evidence on the record considered as a whole.

The court also held that substantial evidence also supported the Commissioner's determination that Genova, as the owner and general manager of the restaurant where the complainant was employed at the time, is individually liable for the discrimination, explaining that the amendment of the complaint to add Genova as an individual respondent after the statute of limitations had expired was not unreasonable or unfair, inasmuch as the claims against him "related back" to those asserted in the original complaint against his restaurant.

As to the award of compensatory damages in the amount of $200,000, plus interest, the Appellate Division ruled that the award was reasonably related to the wrongdoing, was supported by substantial evidence, and was comparable to other awards for similar injuries. Likewise, the court said that substantial evidence supported the Commissioner's award of back pay with interest and was appropriate.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2014/2014_08445.htm