Handbooks focusing on New York Public Personnel Law

NYPPL e-books concerning laws, rules, regulations, policies, provisions in collective bargaining agreements and court and administrative decisions addressing the employment of individuals in the public service of New York State and its political subdivisions published by BookLocker, Inc.

 

The Discipline Book, - A concise guide to disciplinary actions involving public employees in New York State and its political subdivisions set out in an e-book. For more information and access to a free excerpt from this e-book, click here: http://booklocker.com/books/5215.html

 

A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

 

The Layoff, Preferred List and Reinstatement Manual - an e-book reviewing the relevant New York State laws, rules and regulations, and selected court and administrative decisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/5216.html

 

Disability Benefits for New York State and municipal public sector personnel - an e-book focusing on administering the Retirement and Social Security Law, the General Municipal Law Sections 207-a/207-c and similar laws providing disability benefits to employees of the State of New York and its political subdivisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/3916.html

 

Documents that are prepared within the meaning of the attorney-client privilege are exempt from disclosure pursuant to New York State's Freedom of Information Law

The Court of Appeals [Court] said that in this appeal it "must determine whether the Department of Corrections and Community Supervision [DOCCS] properly withheld 11 documents* prepared by counsel [Counsel] for the Board of Parole [Board] as privileged communications exempt from Freedom of Information Law [FOIL] disclosure.

The Court indicated that Counsel had prepared the documents to train and advise members of the Board on how to comply with their legal duties and obligations and reflected Counsel's legal analysis of statutory, regulatory and decisional law. The Court concluded that the 11 documents at issue "constitute attorney-client communications that were prepared 'for the purpose of facilitating the rendition of legal advice or services, in the course of a professional relationship,' specifically, to provide guidance on matters relevant to the Commissioners' exercise of their discretionary authority."

Accordingly, opined the Court, "DOCCS properly invoked the statutory FOIL exemption for privileged matters", citing Public Officers Law §87[2][a] and CPLR §4503[a].

Following an in-camera review Supreme Court had earlier affirmed DOCCS' denial of disclosure of the 11 documents that were withheld and dismissed the petition.* 

The Appellate Division affirmed the Supreme Court's ruling in a 3-2 decision, concluding that the documents were protected by the attorney-client privilege**. 

The Court affirmed the lower courts' rulings.

Citing Public Officers Law §87[2][a] and Matter of Town of Waterford v New York State Dept. of Envtl. Conservation, 18 NY3d 652, the Court said that under New York State's FOIL, "documents are to be disclosed unless they fall within an enumerated statutory exemption" and, in the words of the Court, "the attorney-client privilege exemption also reflects the state's policy to protect attorney-client communications to foster candid discussion between lawyer and client*** and FOIL is "liberally construed and its exemptions narrowly interpreted" to achieve its legislative purpose of maximizing public access to government records." In addition, the Court, citing Matter of Town of Waterford, 18 NY3d at 657, indicated that the Government "bears the burden of establishing an exemption."

In sum, the Court held "DOCCS properly withheld the 11 documents relevant in this action as privileged communications because they are exempted from FOIL disclosure pursuant to §87(2)(a)" and "the order of the Appellate Division should be affirmed, with costs."

* During the pendency of this action, the Court of Appeals noted that the parties entered a settlement pursuant to which DOCCS disclosed approximately 400 additional documents, leaving undisclosed the 11 documents at issue in this appeal.

** The Court's decision notes "In order for the privilege to apply, the communication from attorney to client must be made 'for the purpose of facilitating the rendition of legal advice or services, in the course of a professional relationship'" and "[t]he communication itself must be primarily or predominantly of a legal character" (See Spectrum Sys. Intl. Corp. v Chem Bank, 78 NY2d 371, 377-378, quoting Rossi, 73 NY2d at 593-594).

*** Other examples of such statutory exemptions: Education Law, §1127 - Confidentiality of records; §33.13, Mental Hygiene Law - Clinical records; confidentiality.

Click HERE to access the decision of the Court of Appeals posted on the Internet.

 

Workers’ Comp 101 with the New York State Advocate for Injured Workers: A Webinar to be held on December 20, 2023

The Workers’ Compensation Board (Board) continues its webinar series for workers tomorrow Wednesday, December 20, 2023, 11:00 A.M. - 12:00 P.M.

During this session, the Board’s Advocate for Injured Workers will cover the basics of the workers’ compensation system, including employees’ rights if they become injured or ill on the job. The one-hour presentation will also cover:

● Employees’ benefits under workers’ compensation

● How to file a claim

● How to get help with your claim if needed

● Tips and best practices for injured workers

● Information to be aware of regarding COVID-19 claims

 The session is free and there will be time at the end for questions.

Register here.

 

For additional information:

1. Visit the Advocate for Injured Workers section of the Board’s website for additional resources.

2. You may also call the Advocate for Injured Workers at (877) 632-4996 or email advocateforinjuredworkers@wcb.ny.gov.