An individual is disqualified from receiving unemployment insurance benefits if he or she lost his or her employment as a result of acts constituting a felony

An individual is disqualified from receiving unemployment insurance benefits if he or she lost his or her employment as a result of acts constituting a felony

Matter of Valvo (Commissioner of Labor), 2016 NY Slip Op 05017, Appellate Division, Third Department

Labor Law §593 (4) provides that a person who loses his or her employment as a result of an act constituting a felony in connection with such employment is disqualified from receiving benefits for 12 months following the end of such employment. As the Court of Appeals explained in Matter of Sinker [Sweeney], 89 NY2d 485, "a felony is 'in connection with' employment for purposes of Labor Law §593(4) if it results in breach of a duty, express or implied, [a] claimant owes an employer."

Nicholas Valvo, a sanitation worker for a municipal employer, was arrested on charges of grand larceny in the third degree and scheme to defraud in the second degree. His employment with the municipality was terminated on February 28, 2013 based upon his disciplinary history and the arrest. He then applied for, and received unemployment insurance benefits, including regular and emergency unemployment insurance compensation benefits, totaling $16,488.

Valvo subsequently resolved the criminal charges filed against him by pleading guilty to two counts of grand larceny in the second degree and grand larceny in the third degree.

The Department of Labor, however, issued an initial determination finding that, among other things, that Valvo was disqualified from receiving unemployment insurance benefits under Labor Law §593(4) because he had lost his employment as a result of acts constituting a felony. The Department charged him with a recoverable overpayment of the unemployment insurance benefits he had received and assessed a penalty of $2,473 due to his willful misrepresentations to obtain such benefits.The Unemployment Insurance Appeal Board sustained the Department’s decisions and Valvo its ruling.

The Appellate Division upheld the Appeal Board’s decision, explaining that Valvo’s “larcenous conduct raised serious questions as to his integrity and suitability for municipal employment … given the detrimental impact his continued employment could have had upon the public's trust in municipal employees.” Accordingly, said the court, it saw no reason to disturb the Board's determination that Valvo’s misconduct was sufficiently connected to his employment as to disqualify him for unemployment insurance benefits.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2016/2016_05017.htm

Kelly Cummings appointed Deputy Chief of Staff and Senior Advisor to the Governor

Kelly Cummings appointed Deputy Chief of Staff and Senior Advisor to the Governor

Source: Executive Chamber

On July 6, 2016, Governor Andrew M. Cuomo announced the appointment of Kelly Cummings as deputy chief of staff and senior advisor and will be reporting to the governor. The Governor said “Kelly is a proven leader who for years has operated at the highest levels of state government and I am proud to have her join this administration. With her talent, experience and expertise, she will be a great addition to our team and we look forward to working with her to move New York forward."

Ms. Cummings was the Director of Communications for the Senate Majority since 2011. In that position she has managed overall communications and press inquiries for the Senate Majority Conference and acted as chief spokesperson for the Senate Majority Leader.

In her more than 20 years in the State Legislature, Ms. Cummings has held a number of communications and policy positions in both the Senate and Assembly. Ms. Cummings previously served as director of policy development for the Senate Minority where she assisted senators and their staff in developing, drafting and publicizing new legislative initiatives. 

Earlier Ms. Cummings served as chief of staff to Senator Charles Fuschillo where she managed operations, developed legislation and directed press and communications. Ms. Cummings also worked as communications director and director of public affairs for the Assembly Minority from 2002-2005.

Maintaining a proper chain of custody of evidence to be used in a disciplinary action

Maintaining a proper chain of custody of evidence to be used in a disciplinary action

OATH Index No. 1389/16

A New York City sanitation worker tested positive for amphetamine and methamphetamine in the course of a random drug test. He contended that the test should have been voided because his urine sample was not in his view the entire time before the specimen was sealed. The sample, however, did remain within the exclusive control of the specimen collector the entire time.

OATH Administrative Law Judge Noel R. Garcia found that this error in the collection process did not significantly affect the sanitation worker’s right to a fair and accurate test and that the appointing authority established a proper chain of custody.

As this was the employee’s third violation of the Department’s substance abuse policy, Judge Garcia recommended termination of employment. 

The decision is posted on the Internet at:

http://archive.citylaw.org/wp-content/uploads/sites/17/oath/16_cases/16-1389.pdf