Legislative immunity bars unlawful discrimination lawsuit
Almonte v. City of Long Beach, 478 F. 3d 10
In a civil rights and wrongful discharge case based on the members of the City of Long Beach’s city council voting to eliminate the funding for a number of positions, a federal district court rejected Long Beach’s motion to dismiss the complaint.
The Federal Circuit Court of Appeals, Second Circuit, reversed the lower court’s decision.
The Circuit Court said that Legislative immunity applies not only to the council members' budget vote to eliminate funding the positions in question, but also to any discussions and agreements members may have had regarding the new budget prior to the vote, regardless of whether those discussions and agreements took place in secret.
The decision is posted on the Internet at:
http://nypublicpersonnellawarchives.blogspot.com/2007/02/united-states-cour-t-of-appeals-2-for.html
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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 in other jurisdictions in general.
ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL
March 24, 2011
Rules of the Civil Service Commission providing for separate Layoff Units for law enforcement personnel employed by Environmental Conservation
Rules of the Civil Service Commission providing for separate Layoff Units for law enforcement personnel employed by Environmental Conservation
Source: New York State Register March 23, 2011 - Volume XXXIII, Issue 12
The New York State Civil Service Commission has adopted rules providing for the Agency Law Enforcement Services negotiating unit of the Department of Environmental being designated separate units for the purposes of suspension, demotion of displacement (layoff units) pursuant to §§80 and 80-a of the Civil Service Law.
The text of rule may be obtained from Ms. Shirley LaPlante, NYS Department of Civil Service, AESSOB, Albany, NY 12239, (518) 473-6598, email: shirley.laplante@cs.state.ny.us
The Civil Service Commission did not receive any public comment concerning this change during the comment period.
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Source: New York State Register March 23, 2011 - Volume XXXIII, Issue 12
The New York State Civil Service Commission has adopted rules providing for the Agency Law Enforcement Services negotiating unit of the Department of Environmental being designated separate units for the purposes of suspension, demotion of displacement (layoff units) pursuant to §§80 and 80-a of the Civil Service Law.
The text of rule may be obtained from Ms. Shirley LaPlante, NYS Department of Civil Service, AESSOB, Albany, NY 12239, (518) 473-6598, email: shirley.laplante@cs.state.ny.us
The Civil Service Commission did not receive any public comment concerning this change during the comment period.
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March 23, 2011
Four-month statute of limitations for filing an Article 78 petition not tolled while individual pursues his or her administrative remedies
Four-month statute of limitations for filing an Article 78 petition not tolled while individual pursues his or her administrative remedies
Matter of Murane v Department of Educ. of the City of New York, 2011 NY Slip Op 02054, Appellate Division, First Department
Jennifer Murane appealed the Supreme Court’s dismissal of her Article 78 petition seeking to annul her termination as a probationary teacher by the New York City Department of Education, to have her year-end unsatisfactory rating expunged from her record and to direct her reinstatement to her position.
The Appellate Division ruled that Supreme Court correctly ruled that her challenge to her termination as a probationary teacher was untimely, not having be brought within four-months of the effective date of her termination. The fact that Murane had pursued her administrative remedies, said the court, did not toll the four-month statute of limitations for filing an Article 78 action.
Although Murane’s petition for judicial review of her unsatisfactory performance rating was not untimely, the Appellate Division said that she “failed to show that the rating was arbitrary and capricious or made in bad faith.” Detailed observation reports by the principal and assistant principal describing her poor performance in class management, engagement of students, and lesson planning, provided a rational basis for the rating.
As to Murane’s claim of “bad faith,” the court ruled that her contention that the principal was biased against her was "speculative and insufficient to establish bad faith."
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2011/2011_02054.htm
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Matter of Murane v Department of Educ. of the City of New York, 2011 NY Slip Op 02054, Appellate Division, First Department
Jennifer Murane appealed the Supreme Court’s dismissal of her Article 78 petition seeking to annul her termination as a probationary teacher by the New York City Department of Education, to have her year-end unsatisfactory rating expunged from her record and to direct her reinstatement to her position.
The Appellate Division ruled that Supreme Court correctly ruled that her challenge to her termination as a probationary teacher was untimely, not having be brought within four-months of the effective date of her termination. The fact that Murane had pursued her administrative remedies, said the court, did not toll the four-month statute of limitations for filing an Article 78 action.
Although Murane’s petition for judicial review of her unsatisfactory performance rating was not untimely, the Appellate Division said that she “failed to show that the rating was arbitrary and capricious or made in bad faith.” Detailed observation reports by the principal and assistant principal describing her poor performance in class management, engagement of students, and lesson planning, provided a rational basis for the rating.
As to Murane’s claim of “bad faith,” the court ruled that her contention that the principal was biased against her was "speculative and insufficient to establish bad faith."
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2011/2011_02054.htm
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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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New York Public Personnel Law Blog Editor 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.
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