New York Public Personnel Law

February 16, 2022

Invoking the "law enforcement exemption" in response to a Freedom of Information request

Citing Madeiros v New York State Educ. Dept., 30 NY3d 67, the Appellate Division held that the fact that the custodian of records demanded under color of New York State's Freedom of Information Law chose to task an outside law firm with investigation of employee complaints does not mean that custodian had no reasonable basis for invoking the law enforcement exemption as the exemption "does not apply solely to records compiled for law enforcement purposes in connection with criminal investigations."

Click HERE to access the Appellate Division's decision.

February 14, 2022

Retired police officer's application for a "good guy letter" denied

The New York City Police Department refused to give a retired NYC police officer a certificate of service, also known as a "good guy letter," without which the retiree could not obtain a retired officer handgun license. The Appellate Division rejected the retiree's challenge to the Department's decision explaining that the retiree's action was [1] time barred and [2] the issuance of a retired officer handgun license was a matter of discretion and thus no hearing was required.

Click HERE to access the Appellate Division's ruling.

February 11, 2022

Exercising discretionary authority by the Appellate Division has limits

In an appeal involving an Article 78 proceeding, the Appellate Division ruled that it had "no discretionary authority" to "reach ... an unpreserved issue in the interest of justice".

Click HERE to access the Appellate Divisions ruling.

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.

February 09, 2022

Adopt the precautionary principle against omicron

On February 4, 2022 Sciencepublished and eletter submitted NYPPL's science advisor, Dr. Robert A. Michaels captioned "Adopt the precautionary principle against omicron."

Click HERE to access Dr. Michaels' letter.

or click on the URL set out below:

https://www.researchgate.net/publication/358357923_Michaels_Robert_A_Adopt_the_precautionary_principle_against_omicron_Science_eLetter_online_httpswwwscienceorgdoi101126scienceabo1074_4_February_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

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.