Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
Advisory Memorandum -- Independence Day -- July 4, 2026
The text of the New York State Department of Civil Service's Advisory Memorandum 2026-03 has been posted on the Internet at:
To view earlier Attendance and Leave Bulletins issued by the New York State Department of Civil Service posted on the Internet, visit:
https://www.cs.ny.gov/attendance_leave/index.cfm
In this appeal to New York State's Commissioner of Education Betty A. Rosa, Dr. Rosa noted that the Petitioner challenged certain alleged actions by officers or employees of the school district's Board of Education [Board] involving a report of alleged child abuse to the Child Protective Services [CPS] of the New York State Office of Children and Family Services.
Petitioner had alleged that one or more of the school district's officers or employees knowingly filed, or contributed to the filing of, a false CPS complaint against Petitioner. For relief, Petitioner asked the Commissioner to provide "prospective relief such as increased training, formation of an “oversight committee … to ensure accountability,” and an improved "and expanded hiring practices".
The Board contended that the appeal to the Commissioner must be dismissed as untimely, for lack of jurisdiction and that the Commissioner was unable to grant Petitioner the relief Petitioner had requested.
Commissioner Rosa dismissed Petitioner's appeal, explaining that New York State's “Social Services Law §§411-28 sets forth the scheme for mandatory reporting by school officials of suspected cases of child abuse or maltreatment”. Commissioner Rosa also opined that “the Commissioner of Education has no authority to review whether reports to CPS are appropriate pursuant to Social Services Law”.
In addition, Commission Rosa noted that the Commissioner of Education has no authority to request that school officials discontinue filing reports of suspected abuse to CPS or that school officials contact the student's parent [or guardian] prior to submitting such reports to CPS, citing Appeal of M.I.B., 55 Ed Dept Rep, Decision No. 16,847.
The Commissioner then dismissed Petitioner's appeal for lack of jurisdiction.
Click HERE to access Commissioner's Rosa's decision posted on the Internet.
New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Charlotte E. Davidson recommended termination of employment of the Employee [Respondent], a patient care associate, who made inappropriate comments to a patient and kissed the patient’s arm before drawing her blood.
Judge Davidson, who had conducted this disciplinary hearing by videoconference, found that the Employer established that Respondent had kissed the patient’s arm and made a series of inappropriate comments to her, including referring to himself as a Chupacabra, a mythical blood-sucking monster; telling the patient he also sucks milk; asked the patient if she breastfed her children; and asked the patient if she was allergic to money.
Judge Davidson, however, found that the Employer failed to prove the allegation that Respondent told the patient that he "loves veins".
In considering the appropriate penalty to recommend to the appointing authority to be impose on Respondent, the ALJ considered Respondent’s lack of a history of disciplinary action with the Employer, the inappropriate and sexual nature of Respondent’s misconduct and Respondent’s failure to demonstrate outstanding job performance during his short term of employment with the Employer.
Accordingly, Judge Davidson recommended that the appointing authority terminate Respondent's employment with the facility.
Click HERE to access the ALJ's findings and recommendation posted on the Internet.
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