New York Public Personnel Law

February 09, 2022

Trial court's adoption of a decision drafted by a party's counsel rejected on appeal

Supreme Court erred in adopting, almost verbatim, the proposed decision drafted by petitioners' counsel as the final determination in this case and in the event a court adopts a party's proposed opinion as its own, the court vitiates the vital purposes served by judicial opinions.

Click HEREto access the Appellate Division's decision.

New York Public Personnel Law handbooks

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE.

A Reasonable Disciplinary Penalty Under the Circumstances- The text of this publication focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE.

Disability Benefits for fire, police and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE.

The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HERE for more information.

New York Public Personnel Law handbooks

February 07, 2022

Evaluating a claim for accidental disability retirement benefits

For the purpose of evaluating a claim for accidental disability retirement benefits, falling from a desk chair does not constitute a risk inherent in petitioner's ordinary job duties.

Click HEREto access the Appellate Division's ruling.

New York Public Personnel Law handbooks

February 04, 2022

Challenging a provision in an arbitration agreement

The terms of the relevant arbitration agreement were held enforceable as the terms were not "substantively unconscionable when made." Click HERE to access the Appellate Divisions ruling.

New York Public Personnel Law handbooks

February 02, 2022

Determining if a party has complied the required steps in a contract grievance procedure

A party's compliance with a contractual step-by-step grievance process has been recognized as a matter of procedural arbitrability to be resolved by the arbitrator, particularly in the absence of a very narrow arbitration clause or a provision expressly making compliance with the time limitations a condition precedent to arbitration.

Click HEREto access the Appellate Division's decision.

New York Public Personnel Law handbooks

January 31, 2022

Determining if a party has waive the right to litigate an issue or has failed to exhaust relevant administrative remedies

Plaintiff did not waive her right to seek remedies under Civil Service Law §75-b merely as a result of her filing a prior federal complaint in which she sought, inter alia, relief under both New York's Labor Law §740 and New York's Civil Service Law §75-b nor was plaintiff required to exhaust her administrative remedies under the applicable collective bargaining agreement prior to commencing this action as "[t]here is no need to exhaust administrative remedies when the cause of action by the plaintiff is not governed by the collective bargaining agreement."

Click HEREto access the Appellate Division's decision.

New York Public Personnel Law handbooks

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.

NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, 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.