New York Public Personnel Law

January 07, 2023

Demanding documents pursuant to New York State's Freedom of Information Law

The New York's Freedom of Information Law [FOIL] requiring that documents requested pursuant Public Officers Law §89(3)(a) be "reasonably described" serves to enable an agency to locate and identify records in question and places the initial burden on the person or entity making a FOIL request to provide a reasonable description of the record[s] sought for this purpose. In the event the custodian of the record denies a FOIL request on this ground, the custodian bears the burden of establishing that the description[s] were insufficient for purposes of locating and identifying the document[s] sought. Click on the URL below to access this decision posted on the Internet:

https://www.nycourts.gov/reporter/3dseries/2023/2023_00015.htm

January 01, 2023

Judicial, quasi-judicial, and administrative decisions and similar squibs

Selected "Squibs*" of judicial, quasi-judicial, and administrative decisions and similar materials are listed below in alphabetical order. As used here, the term "squib" describes a brief summary of a single case or a single point of law in a decision.

SEE "RESEARCH TOOL" IN THE SIDEBAR FOR SUGGESTIONS FOR SEARCHING THIS BLOG.

Click on the text highlighted in COLOR to access the source of these Squibs.

Abolishing a position for economic reasons http://www.counsel.nysed.gov/Decisions/volume57/d17142

Absent a statutory or negotiated administrative hearing procedure, an appointing authority may delegate decision-making authority to the hearing officer http://www.nycourts.gov/reporter/3dseries/2016/2016_04085.htm

Existence of a special duty serves to overcome governmental function immunity by establishing an exception to the rule that a municipality, in performing a governmental function, owes a duty only to the public at large, and not to any particular individual.

Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_06918.htm

Arbitrating disputes involving General Municipal Law §207-a benefits pursuant to an arbitration clause in the collective bargaining agreement.

Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_07095.htm

NYPPL's public personnel law handbooks, listed below, are available for purchase from BookLocker.com, Inc

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: payable to firefighters, police officers 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.

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.