New York Public Personnel Law

May 22, 2020

Applying the principles of progressive discipline

A hospital housekeeping aide [Aide] was served with disciplinary charges alleging Aide was guilty of duty, insubordination, and engaging in disruptive behavior.

New York City Office of Administrative Trials and Hearings Administrative Law Judge Noel R. Garcia sustained the dereliction of duty charge, finding the hospital did prove that Aide had failed to clean two locations as directed.

Judge Garcia, however, found that although Aide's questioning of his assignment could be deemed discourteous behavior, such conduct was not insubordination. To the extent the insubordination charge was meant to encompass the Aide’s refusal to clean the locations in question, it was duplicative.

Further, the Administrative Law Judge held that the appointing authority failed to prove that the Aide's conduct disrupted hospital operations as alleged.

In line with the principles of progressive discipline, ALJ Garcia recommended a 30-day suspension, taking into consideration respondent’s prior similar conduct.

The decision is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/20_cases/20-1.pdf

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May 21, 2020

May 2020 AELE case notes and publications alert

U.S. Supreme Court Again Declines to Expand Bivens Civil Rights Remedy.

May AELE Law Journal article, http://www.aele.org/law/2020all05/2020-05MLJ101.pdf

May Law Enforcement Liability Reporter:

This issue has cases on disability discrimination, false arrest/imprisonment: no warrant, firearms related: intentional use, immigrants and immigration issues, public protection: suicidal persons, search and seizure: home/business, search and seizure: person, and search and seizure: search warrants.

http://www.aele.org/law/2020all05/LR2020MAY.html

May Fire, Police & Corrections Personnel Reporter: This issue has cases on age discrimination, First Amendment, FLSA – administrative & executive exemptions, handicap/abilities discrimination – reasonable accommodation, pregnancy discrimination, religious discrimination, union activity, veterans and other preference laws, whistleblower protection, and workers’ compensation.

http://www.aele.org/law/2020all05/FP2020MAY.html

May Jail and Prisoner Law Bulletin:

This issue has cases on COVID-19, disability discrimination: prisoners, medical care, prisoner assault: by officers, prisoner suicide, segregation: administrative, transsexual prisoners, and visitation. http://www.aele.org/law/2020all05/JB2020MAY.html

May 20, 2020

Hearing officer rejects appointing authority's allegation that employee was unfit to perform the duties of the position within the meaning of §72 of the Civil Service Law

The New York City Department of Health and Mental Hygiene [MH] initiated a Civil Service Law §72 proceeding alleging a school nurse [Employee] was unfit to perform the duties of her position due to schizoaffective disorder.

OATH Administrative Law Judge Joycelyn McGeachy-Kuls found that MH failed to prove that the Employee was currently unfit to perform the duties of a school nurse and recommended that the proceeding be dismissed.

Employee submitted reports from her psychiatrist and her therapist demonstrating that she had been under their care for more than a year, attended regular appointments with each of them, that she was aware of her mental health condition, and she was diligent about taking her medication.

Based on the doctor’s reports, Judge McGeachy-Kuls found that it was clear that Employee was actively engaged in her treatment with each of them. Further Employee’s psychiatrist and therapist both expressed “unequivocally” that she was fit to resume her duties as a school nurse and that she is not a danger to herself or to the students.

The decision is posted on the Internet at:

http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-2002.pdf

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.