New York Public Personnel Law

Feb 9, 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

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

Feb 7, 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

Feb 4, 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

Feb 2, 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

Jan 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

Jan 22, 2022

In-person schooling is not without risks

On January 21, 2022, the Albany Times Union published the Letter to the Editor set out below by NYPER science consultant Robert A. Michaels captioned In-person schooling is not without risks.

Dr. Michaels' Letter to the Editor is set out below:

In-person schooling is not without risks

With surging COVID-19, New York City Mayor Eric Adams defended his policy of retaining in-person schooling: “Fear not sending them back. … The safest place for children is inside a school.” This statement might have a grain of truth, but it should be taken with a shaker full of salt.

With in-person instruction, students and teachers bring risks from home to school. Then they return home and mingle with their families and neighbors. Adams failed to consider this home-school synergy. In-person instruction imposes school risks, even if low, on the full home-plus-school population.

This raises the civics issue of the proper relationship of science and policy. Adams must make COVID-19 policies, such as in-person schooling. He reasonably might balance infection risks versus social and economic risks. He should not, however, base policies on invalid science.

School risks, as Adams said, might be lower than home risks, but they would be zero if instruction were remote. In-person schooling poses an incremental COVID-19 infection risk. Even if low, it must be applied to the full school-plus-home population that will bear it.

In short, policy should comport with science, even if it is not solely determined by science.

ROBERT A. MICHAELS

Schenectady

Also cited on the Internet by ResearchGate at:

https://www.researchgate.net/publication/358002951_In-person_schooling_is_not_without_risks_Albany_New_York_Times_Union_Newspaper_page_A-9_21_January_2022

Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

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.