Applying compensation limitations retroactively

Applying compensation limitations retroactively

People v Edward J. Murphy, 235 A.D.2d 554

In 1993 certain limitations on the amount of compensation that a BOCES Superintendent could receive were enacted into law [Chapter 295, Laws of 1993].

In the Murphy case the Appellate Division concluded that the limitations set out in Chapter 295 did not apply retroactively.

The case arose when the State attempted to recover a portion of what the Appellate Division described as an "overly generous BOCES compensation package (which included extensive sick and vacation leave time and the right to liquidate this leave at full-pay)" granted to its then BOCES Superintendent Edward J. Murphy.

The Court said that "while improvident, BOCES' offer to Murphy, and his acceptance of the overly generous BOCES compensation package ... did not violate any articulated public policy." 

Further, the Court ruled that although the law now places a limitation on the amount of compensation that a BOCES superintendent may receive, "at the time Murphy began working at BOCES and continuing throughout his tenure as the BOCES district superintendent, the law provided for no such restrictions. Accordingly, the Court decided, Murphy's employment agreements with BOCES were neither illegal nor unauthorized.

The ruling suggests that all or part of a "compensation package" in place prior to the effective date of the enactment or the amendment of a law limiting the compensation of a public officer or a public employee then in service may survive judicial challenge even if the compensation package is in excess of that authorized by the law as enacted or amended.

The decision is posted on the Internet at:

https://www.leagle.com/decision/1997789235ad2d5541272

Accessing the personnel records of law enforcement personnel

Accessing the personnel records of law enforcement personnel

Ferrara v Superintendent, Division of State Police, 235 A.D.2d 874,  Appeal dismissed, 90 N.Y.2d 829, Defendant's motion to dismiss appeal granted, 26 F.Supp.2d 410

A prisoner at the Oneida Correctional Facility, submitted a Freedom on Information request to the Division of State Police seeking "records of disciplinary action taken against members of the State Police" as the result of an internal investigation.

The Appellate Division, in sustaining the Division's refusal to provide such information, explained that such records are specifically exempted from disclosure under Civil Rights Law §50-a.

In a similar cases, Nassau County Police Department v Kevin, 237 A.D.2d 354, the Appellate Division quashed a judicial subpoena issued by a District Court that ordered the production of "internal police directives and orders" that it was alleged would establish the existence of a quota system for making arrests for driving while intoxicated on the Long Island Expressway. 

See, also, 166 Misc.2d 207. Here the driver of a motor vehicle had been arrested for allegedly driving 85 miles an hour while intoxicated by Nassau County Police. The Appellate Division said the driver presented nothing to support his claim and that a subpoena may not be used "to fish for impeaching material".

The decision is posted on the Internet at:

https://www.leagle.com/decision/19971109235ad2d8742420

Sending threatening texts messages to a co-worker

Sending threatening texts messages to a co-worker

OATH Index No. 2411/18

An employee was served with disciplinary charges pursuant to Section 7.5 of the Personnel Rules and Regulations of the Health and Hospitals Corporation alleging that he sent threatening text messages to another employee of the Corporation. The employee apologized for his actions the next day and subsequently took, and completed, five months of counseling and anger management training and received a certificate confirming that he had successfully completed the treatment program.

OATH Administrative Law Judge John B. Spooner, in consideration of the employee's sincere expressions of remorse and his substantial efforts to deal with his anger control issues, recommended that the appointing authority impose a penalty of a 60-day suspension, without credit for employee's 30-day pre-hearing suspension without pay.

Section 7.5.5 of HHC's Personnel Rules and Regulations, "Sustaining of Charges - Penalty," provides as follows:

If the charges are sustained, the penalty or punishment may consist of the following and the time which the employee is suspended without pay pending the hearing may be considered as part of the penalty:

a) A reprimand; or
b) A fine not to exceed $100.00 to be deducted from his/her salary; or
c) Suspension without pay not exceeding two months; or
d) Demotion in grade and title; or 
e) Dismissal from service.

Similarly, §75.3 of the Civil Service Law provides, in pertinent part, "that the time during which an officer or employee is suspended  without pay may be considered as part of the penalty."

However both §7.5.4 of the Personnel Rules and Regulations of the Health and Hospitals Corporation and §75.3 of the Civil Service Law, in pertinent part, state that if the employee is acquitted of the disciplinary charges, the individual shall be restored to the position with full pay for the period of the suspension without pay, less the amount of any unemployment insurance benefits or wages the individual received during that period.

The decision is posted on the Internet at:

http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-2411.pdf

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NYS Liberty Defense Project and Catholic Charities of New York launch statewide pro bono project to expand legal services for immigrants

NYS Liberty Defense Project and Catholic Charities of New York launch statewide pro bono project to expand legal services for immigrants

Source: New York State's press release system

New York State’s Liberty Defense Project and Catholic Charities of the Archdiocese of New York today announced the formal launch of a new platform to support Catholic Charities and the Liberty Defense Project's Pro Bonoprogram.   

This first-of-its-kind statewide project in New York identifies immigration cases through community legal clinics and refers them to volunteer legal representatives, increasing statewide access to free legal services for low-income and vulnerable immigrants.

The URL https://www.catholiccharitiesnyprobono.org is the projects Internet site and is funded by the Liberty Defense Project. The site provides volunteers with the tools to competently and effectively assist the most vulnerable immigrants. This all-inclusive site provides volunteers with the ability to review available cases, sign up for short-term and case placement volunteer opportunities, learn more about the work of the Pro Bono Project and access a wealth of training materials and practice templates. The online volunteer portal comes with more than 100 practice tools and web-based training, with new materials added as needed.

Every Pro Bono Project volunteer advocate will receive expert legal training and mentorship in each stage of a case and at each service event in which they choose to participate, so that each client will receive the highest quality assistance in furtherance of Catholic Charities’ mission to recognize the dignity of each person and strive for a just and compassionate society.

Through the Pro Bono Project, Catholic Charities assists volunteer advocates to:

● Prepare affirmative asylum applications for individuals afraid to return to their homes;

● Litigate asylum cases for mothers and children fleeing gang violence in Central America;

● Help unaccompanied immigrant children obtain special humanitarian protection due to abuse, neglect or abandonment;

● Empower survivors of violence to find safety, stability, and status through US immigration laws designed to protect victims of crime, trafficking, and familial abuse;

● Assist immigrants to reunify with family members, both here and through overseas processing.

On the website volunteers can choose to express their interest as well as search and review available cases that need legal representation. The Pro Bono Project recruits and engages volunteer attorneys in numerous ways including bi-monthly newsletters, building on existing law firm relationships as well as creating new partnerships with firms through outreach, engagement with local bar associations throughout New York State, and individual connectivity with private bar attorneys who express interest through a variety of channels, agency-wide. Private bar pro bono volunteer advocates’ (PBVAs) caseload will be approximately one to two cases per volunteer attorney, where firms will see more of a variance, on average, two to ten per firm.

As of February 1, 2019, Catholic Charities has placed 105 pro bono cases with volunteer attorneys throughout New York State. Its Pro Bono Volunteer Advocate network has grown to more than 230 dedicated volunteer attorneys, and more than 600 New Yorkers reached out to Catholic Charities following the family separation crisis last summer to learn about how they could support efforts, including more than 265 attorneys expressing interest in joining the Pro Bono Project.

In 2017, Governor Cuomo launched the Liberty Defense Project – the first-in-the-nation, state-led public-private project to assist immigrants – regardless of status – in obtaining access to legal services and process. The project is administered by the Governor’s Office for New Americans and run in partnership with law firms, legal associations, advocacy organizations, major colleges and universities and bar associations. 

The Liberty Defense Project provides:

● Free legal consultations and screenings for immigrants throughout New York State.

● Direct representation to immigrants in deportation proceedings as well as other cases.

● Help with filing immigration applications for naturalization, employment authorization, permanent residency, etc.

● "Know Your Rights" training for immigrants and the community at large.

The New York State 2019 - 2020 Budget Bill

The New York State 2019 - 2020 Budget Bill
Senate 1506 [Same as Assembly 2006]

Division of Budget; Part A through, and including, Part Z.

The text of the Budget Bill is posted on the Internet at:

http://public.leginfo.state.ny.us/navigate.cgi?NVDTO:+&QUERYDATA=S1506+&QUERYTYPE=BILLNO

To access the text and the summary of the bill, etc., check "text" or "summary," etc., and then "click on" Search."

   StatusTextSummarySponsor's Memo

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