New York Public Personnel Law

Feb 9, 2020

Contaminants of Emergent Concern discussed at New York State Bar Association meeting

Dr. Robert A. Michaels, NYPER's Environmental Science Consultant, made an invited presentation to the New York State Bar Association, Energy and Environmental Law Section on January 31, 2020.

The presentation, titled Contaminants of Emergent Concern, is available for viewing and/or download at no charge, at the following URL:

https://www.researchgate.net/publication/339055672_Legacy_Contaminants_of_Emergent_Concern.

The Focus of Dr. Michaels' Presentation

Concern about historic (‘legacy’) contaminants may be emerging as information about their toxic effects and toxic potency increases, and with discovery of their presence at toxic levels in various environmental media.

Two classes of substances exemplify such concerns: lead (Pb) and its compounds, and perfluorinated compounds (PFAs). PFAs have been termed ‘forever chemicals’, but Pb qualifies as well.

Concern about these contaminants is emerging because of at least three issues: failures of environmental justice, the need for international agreements regarding globe-trotting contaminants, and the conflict between protecting science and public health exemplified by inadequately probative study designs for identifying cancer clusters.

Click here for summaries of selected articles by Dr. Michaels posted on NYPPL:

https://publicpersonnellaw.blogspot.com/2020/01/articles-by-dr-robert-michaels-nypers.html

You may contact Dr. Michaels at bam@ramtrac.com .

Feb 7, 2020

Employee found to have acted unprofessionally terminated from the position

A Triborough Bridge and Tunnel Authority Bridge and Tunnel Officer (“BTO”) served with disciplinary charges was found to have acted unprofessionally when she yelled profanities at a motorist and had to be restrained by colleagues.

The BTO also was found to have failed to safeguard her Authority-issued radio, which wound up in the motorist’s vehicle. The charge that the BTO threw her radio at the motorist, however, was dismissed by OATH Administrative Law Judge Ingrid M. Addison as "not proved."

Judge Addison recommended that BTO be terminated from her position or, in the alternative, be suspended without pay for 60 days provided the BTO enroll in, and complete, an anger management program.

The appointing authority elected to terminate the BTO.

The decision is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-2691.pdf

Feb 6, 2020

New York - New Jersey Port Authority subject to New York State's Labor Law

The Appellate Division sustained a Supreme Court ruling that rejected the New York-New Jersey Port Authority's arguments that as a bi-state entity created by a federally approved compact it cannot be held liable under Labor Law §§240(1) or 241(6) for injuries plaintiff allegedly sustained while working in a building owned by the Authority.

The court explained that the Compact Clause of the United States Constitution is not implicated by the application of such New York workplace safety statutes to the Port Authority work site located in New York, which does not encroach on federal supremacy, citing Cuyler v Adams, 449 US 433.

The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2020/2020_00365.htm

Editor in Chief Harvey Randall served as Director of Personnel, SUNY 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, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.