Individual terminated after making false statements to a department investigator  
Foster v Kelly, 55 AD3d 403

New York City Police Department Commissioner Raymond Kelly dismissed a New York City police officer from his position after the officer was found guilty of making false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation.

The Appellate Division sustained the Commissioner’s decision, holding that substantial evidence supported the finding that officer was guilty of the charges filed against him. Further, said the court, “the penalty of dismissal from employment does not shock the judicial conscience,” citing Kelly v Safir, 96 NY2d 32.

The full text of the decisions is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_07960.htm

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Issued during the week of June 18 - 24, 2012 [Click on the caption to access the full report]


DiNapoli: State Lost An Estimated $1.7 Million By Not Claiming Cash Discounts

New York state agencies failed to obtain cash discounts on contracts, wasting up to $1.7 million, according to three reports released Monday by State Comptroller Thomas P. DiNapoli.

DiNapoli Statement on Pew Pension Fund Report

On Tuesday, New York State Comptroller Thomas P. DiNapoli said, “The Pew Report has again recognized the New York State and Local Retirement System as one of the best public pension systems in the country. Our commitment to responsibly manage the system and make required annual contributions has kept us on firm ground. The Pew Report has again recognized the New York State and Local Retirement System as one of the best public pension systems in the country. Our commitment to responsibly manage the system and make required annual contributions has kept us on firm ground. Our diversified portfolio and funding status has permitted us to capitalize on market opportunities and rebound from the financial crisis of 2008–09. More than one million New Yorkers rely on the system for retirement security and I will make sure we continue to make prudent choices to keep our promise to them.”

DiNapoli: State Pension Fund Investing In New York Businesses

New York State Comptroller Thomas P. DiNapoli Tuesday toured the corporate headquarters of 5LINX Enterprises in Rochester to highlight investments made in New York businesses by the New York Common Retirement Fund (Fund). Since 2001, the Fund has invested nearly $60 million in companies in Monroe, Ontario and Genesee Counties through its In–State Private Equity Program.

DiNapoli: Leadership Event To Assist Local Governments 


New York State Comptroller Thomas P. DiNapoli’s Local Government Leadership Institute Wednesday brought together officials from all levels of local government to discuss key regional issues and examine potential solutions to the current challenges in government.

Comptroller DiNapoli Releases Municipal Audit


New York State Comptroller Thomas P. DiNapoli Thursday announced his office completed the audit of the Town of Orchard Park.

Comptroller DiNapoli Releases School Audit 


New York State Comptroller Thomas P. DiNapoli Thursday announced his office completed an audit of the COMMUNITY Charter School.

Section 3020-a Disciplinary Charge Transmittal Form issued by the NYS Department of Education

Section 3020-a Disciplinary Charge Transmittal Form issued by the NYS Department of Education

Source: NYS Department of Education

The New York State Department of Education Teacher Tenure Hearing Unit has promulgated a new form, dated June 2012, that is to be used to transmit disciplinary charges filed against an individual pursuant to §3020-a of the Education Law.

The form states: “The District Clerk or the Secretary of the Board of Education must file this form via fax or mail with the Education Department when the Board of Education has found that there is probable cause to bring charges against a tenured educator.  A copy of the Notice of Probable Cause and the Charges voted on by the Board must be transmitted with this form.”

The form states that the form and disciplinary charges may be FAXed to (518) 402-5940 or they may be mailed to:

The State Education Department

Teacher Tenure Hearing Unit

EBA Room 981

Albany, New York 12234

The form is posted on the Internet at:

http://www.highered.nysed.gov/tcert/pdf/3020achargetransmittal.pdf

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The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. This more than 1500 page e-book is now available from the Public Employment Law Press. Click on http://thedisciplinebook.blogspot.com/for additional information concerning this electronic reference manual.

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Action by the Commission on Judicial Conduct to remove a judge from office

Action by the Commission on Judicial Conduct to remove a judge from office
Matter of LaBombard, 11 NY3d 294

The New York State Commission on Judicial Conduct is the state agency responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, determining the penalty to be imposed. The penalty could be "admonishment," censure or remove from office judges found to have engaged in unethical behavior. All determinations by the Commission are subject to review by the Court of Appeals.

The types of complaints that may be investigated by the Commission include allegations of improper demeanor, conflicts of interest, intoxication, bias, prejudice, favoritism, corruption, prohibited business or political activity, serious financial and records mismanagement, assertion of the influence of judicial office for the private benefit of the judge or others, and other misconduct on or off the bench. Allegations of physical or mental disability may also be investigated.

The Commission on Judicial Conduct found that the Honorable Dennis LaBombard, Justice of the Ellenburg Town Court, had engaged in serious judicial misconduct and recommended that he be removed from office. Judge LaBombard asked the Court of Appeals to review the Commission’s determination.

After plenary review of the record in this case, the Court of Appeals said that it agreed with the Commission's recommendation, holding that “the determined sanction of removal should be accepted.”

The Court’s decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_07990.htm

The Commission’s decision is posted on the Internet at:
http://www.scjc.state.ny.us/Determinations/L/labombard.htm

Reinstating an employee to his former position after being found guilty of disciplinary charges ruled irrational under the circumstances

Reinstating an employee to his former position after being found guilty of disciplinary charges ruled irrational under the circumstances
Social Services Employees Union, Local 371 v City of New York Administration for Children's Services, 56 AD3d 322

In this appeal, the Appellate Division vacated a Supreme Court’s confirmation of a disciplinary grievance arbitration award sought by Local 371.

In addition, the Appellate Division specifically granted the Administration for Children’s Services’ (ACS) Article 75 motion objecting to the disciplinary arbitrator’s award providing for the grievant’s reinstatement to his former supervisory position.

According to the ruling, the grievant, a Child Protection Specialist Supervisor II ACS, had pled guilty to grand larceny in the fourth degree. The offense: filing false income tax returns using confidential ACS client information to fraudulently claim entitlement to state and local tax credits.

The Appellate Division said: “We find that the arbitrator's award, which determined that while grievant had engaged in a censurable course of conduct that justified punishment he should be restored to his supervisory position at ACS, is irrational and defies common sense.”

If reinstated to the position of ACS supervisor, said the court, the grievant again would have access to the ACS database from which he extracted the information he used to perpetrate his crime.

The court then remanded the matter to the arbitrator for reconsideration regarding the setting of an appropriate penalty.

The text of the decision in posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08979.htm