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.
On February 21, 2024, Just Security, a non-profit, daily digital law and policy journal, published an article by William C. Banks, a Syracuse University College of Law Board of Advisors Distinguished Professor and Founding Director of the Institute for National Security and Counterterrorism, focusing the federalizing of units of a state's national guard and the domestic use of military personnel in the United States.
Click HERE to access Professor Banks' article posted on the Internet.
On June 11, 2025, Governor Kathy Hochul announced the ratification of a three-year collective bargaining agreement by members of the Communications Workers of America/Graduate Student Employees Union, Local 1104 (GSEU) and the State University of New York.
The GSEU includes more than 4,500 teaching assistants and graduate assistants who are pursuing advanced degrees at campuses within the State University of New York (SUNY) system. Members of the GSEU are employed assisting SUNY faculty and administrators in a variety of teaching, research and administrative activities. The agreement, which runs until July 1, 2026, won the overwhelming approval of the unit members who cast ballots.
“This labor agreement with the Communications Workers of America and the Graduate Student Employees Union reflects our commitment to affordability and higher education,” Governor Hochul said. “I appreciate the partnership of the union leadership throughout negotiations and thank its membership for their commitment to furthering the educational experience at our SUNY campuses across New York State.”
The ratified contract includes compensation increases in each year of the agreement, as well as increases to the minimum stipend paid to unit members. In addition, the contract includes a lump sum bonus in the last year of the agreement and increases to labor/management funds for each year as well.
Communications Workers of America Union 1104 Executive Vice President for Education Andrew Dobbyn said, “GSEU is pleased to reach this agreement with Governor Hochul’s administration. This contract will improve the lives of thousands of Graduate Assistants, both economically and non-economically, who provide the vital instruction and research that makes SUNY run.”
SUNY Chancellor John B. King Jr. said, “SUNY’s graduate student employees serve our campuses through teaching, research, and so much more as they earn their degrees, and this contract is a well-deserved and responsible reflection of the important role graduate student employees play. We are grateful for the commitment of the Governor’s office, the NYS Office of Employee Relations, and the Graduate Student Employees Union to work together toward this agreement.”
The Commissioner of Education dismissed Petitioner's appeal involving proposed major reorganizational changes of the school district for a procedural reason: the lack of "proper verification of the petition".
The Commissioner citied 8 NYCRR 275.5 of the Commissioner’s regulations which requires that all pleadings in an appeal to the Commissioner must be verified "by the oath of at least one of the petitioners”.
In the instant appeal counsel for the Petitioners had verified the petition, indicating that “all petitioners reside outside the county in which” their attorney’s offices are located. The Commissioner, observing that Petitioners' counsel was not a petitioner in this appeal, ruled the Commissioner the affidavit of verification did not satisfy the requirements of 8 NYCRR 275.5 and thus the appeal must be dismissed.
The Commissioner then indicated that "Even if not dismissed on this procedural ground, the appeal would be dismissed on the merits".
Citing a number of earlier Decisions of the Commissioner of Education, the Commissioner opined that a board of education has the authority and responsibility to manage and administer the affairs of the school district, including the assignment of pupils to schools and in such cases a school board’s discretion is broad and decisions regarding school district reorganization will only be set aside if they are arbitrary or capricious.
Further, the decision noted that with respect to an appeal the Commissioner "a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief".
Click HERE to access the Commissioner's decision posted on the Internet.
In this administrative disciplinary action concerning an alleged violation of the a College's code of conduct based on a student [Complainant] claim of having been sexual assaulted by another student [Petitioner], Petitioner alleged that he had been denied administrate due process.
The Appellate Division observed that:
1. "In general, there is a limited right to cross-examine an adverse witness in an administrative proceeding, and the right to cross-examine witnesses generally has not been considered an essential requirement of due process in school disciplinary proceedings"; and
2. "[It] is well established that once having adopted rules or guidelines establishing the procedures to be followed in relation to suspension or expulsion of a student, colleges or universities — both public and private — must substantially comply with those rules and guidelines".
Because the Complainant was [a] absent from the hearing and not subject to cross-examination, and [b] the sole evidence relied upon by the Board regarding [the Complainant's] alleged lack of consent were the Complainant's written statements describing the incidents, the Appellate Division held that "the [Board] failed to substantially comply with its own procedures concerning the right to cross-examination in the context of Title IX administrative hearings, prejudicing [Petitioner} and, thus, the [Board's] determination must be annulled."
Click HERE to access the Appellate Division's decision posted on the Internet.
On June 5, 2025, New York State Comptroller Thomas P. DiNapoli released the following statement on the sentencing of former Avon Police Chief Joseph Geer for stealing federal funds:
“This police chief swore to uphold the law but instead used his position to enrich himself at the expense of his community. He was ordered to pay back what he stole, and he paid full restitution, amounting to over $6,000. My thanks to U.S. Attorney DiGiacomo and the FBI for partnering with my office to hold him accountable.”