Providing a reasonable accommodation of an employee’s disability

Providing a reasonable accommodation of an employee’s disability
2014 NY Slip Op 01550, Appellate Division, First Department

An employee [Plaintiff] sued her employer contending that it had failed to provide her with a reasonable accommodation of her disability when it refused to reassign her to a particular location.

Supreme Court dismissed Plaintiff’s complaint and the Appellate Division affirmed the lower court’s ruling.

The court said that the employer had established that its refusal to agree to Plaintiff’s request to be reassigned to a certain work location did not constitute a refusal to make a reasonable accommodation of her disability.

The Appellate Division noted that there was no position available at the location Plaintiff desired, and, citing Pimentel v Citibank, N.A., 29 AD3d 141, said that in any event, "an employer is not obligated to provide the disabled employee with [an] accommodation that the employee requests or prefers."

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2014/2014_01550.htm
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Individual’s unsatisfactory annual performance rating annulled in the absence of rationally based administrative findings

Individual’s unsatisfactory annual performance rating annulled in the absence of rationally based administrative findings

2014 NY Slip Op 01501, Appellate Division, First Department

A New York City school teacher [Teacher] filed an Article 78 petition challenging the New York City Board of Education’s denial of her appeal of her unsatisfactory annual performance rating. Supreme Court granted the Board’s motion to deny the teacher’s petition and dismissed the proceeding.

The Appellate Division unanimously reversed the lower court’s decision “on the law.” It then granted Teacher’s petition and annulled the challenged unsatisfactory annual performance rating.

The court said that Board’s determination to sustain Teacher’s unsatisfactory performance rating was not rationally based on administrative findings that Teacher had acted in an insubordinate manner and refused to adhere to the directives of the principal during the school year.

In addition, the Appellate Division found that Teacher had established that the Board had violated its own rules, procedures and guidelines contained in its human resources handbook "Rating Pedagogical Staff Members" by placing certain disciplinary letters in Teacher’s personnel file which neither contained Teacher's signature acknowledging receipt of the letters nor a witness' statement attesting to Teacher's refusal to sign the documents in question..

The decision notes that neither the principal who made the allegations against Teacher nor any other witness testified at the hearing.

Under the circumstances, the Appellate Division said that remittitur to Supreme Court for service of an answer to Teacher’s petition by the Board was not warranted "as the facts have been fully presented in the parties' papers and no factual dispute remains."

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2014/2014_01501.htm
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Legal Ethics Webinar: Using Social Media and the Cloud

Legal Ethics Webinar: Using Social Media and the Cloud

An online Webinar focusing on ethical issues related to an attorney's use of Social Media and the Cloud in his or her practice will be offered on March 13, 2014 at Virtual LegalTech, 1:00pm - 2:00pm ET -  

Registration is complimentary -- click here to register. 

Ethics CLE will be offered for credit in New York, New Jersey and California to those viewing the Webinars at the appointed times at the Virtual LegalTech presentation on March 13, 2014.*

LegalTech notes that “Protecting Attorney Client privilege is essential to every lawyer. Now most communications are electronic but few lawyers understand how the use of Social Media and cloud computing potentially affects privilege. 

“Lawyers use of cloud computing for record retention impact all clients in eDiscovery for litigation.  This presentation will give specific advice to lawyers so they better understand Social Media and cloud computing as well as the related Cybersecurityre risks.

“Ethics topics will include: Ethical Duty to Provide Competent Representation; Duty of Confidentiality; Ethical Information Gathering; Spoilation Concerns; and Inadvertent Creation of an Attorney - Client Relationship.”

* Ethics CLE credit approval is pending in Florida and Illinois.
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Electronic books [e-books] focusing on New York State and Municipal Public Personnel Law:

Electronic books [e-books] focusing on New York State and Municipal Public Personnel Law:

The Discipline Book- A concise guide to disciplinary actions involving public employees in New York State set out in a 2100+ page e-book. For more information click on http://thedisciplinebook.blogspot.com/

A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://nypplarchives.blogspot.com/

The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://nylayoff.blogspot.com/

General Municipal Law §§207-a and 207-c - Disability Leave for fire, police and other public sector personnel- a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://section207.blogspot.com/

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending March 8, 2014

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending March 8, 2014

Click on text highlighted in color  to access the full report

Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli Thursday, March 6, 2014, announced his office completed audits of:

the Town of Amenia;

the Jericho Water District; Town of Poland; and

the Town of Porter.

Comptroller DiNapoli Releases School Audits

New York State Comptroller Thomas P. DiNapoli Thursday, March 6, 2014, announced his office completed audits of:

the Ausable Valley Central School District;

the Frontier Central School District; and

the Utica City School District.

DiNapoli Announces $15 Million Investment in Northern Ireland

New York State Comptroller Thomas P. DiNapoli Tuesday, March 4, 2014, announced that the New York State Common Retirement Fund is investing $15 million (£9 million) with Northern Ireland venture capital firm Crescent Capital.

DiNapoli: Nearly $1 Million in Questionable Payments Result from Poor Monitoring by OASAS

Samaritan Village Inc., a contractor of substance abuse treatment for the Office of Alcoholism and Substance Abuse Services (OASAS), was paid nearly $1 million in inappropriate and questionable expenses over a one–year period, according to an auditreleased Monday, March 3, 2014, by State Comptroller Thomas P. DiNapoli. The questionable expenses included more than $400,000 given to clients to spend on day trips and transportation.

DiNapoli: Audits Reveal Problems with Local IDAs

Industrial Development Agencies (IDAs) in Dutchess, Greene and Putnam counties granted questionable tax incentives and failed to enforce job creation goals, according to audits released Tuesday, March 4, 2014, by State Comptroller Thomas P. DiNapoli. DiNapoli renewed his call for better accountability for IDAs and urged the State Legislature to consider his proposed IDA reform legislation.

DiNapoli Calls for Improvements to Capital Planning Process

Over the past 10 years, New York spent an estimated $81.7 billion — including tax dollars, federal aid and long–term borrowing proceeds — to support its capital program, with another $9.6 billion proposed for the upcoming fiscal year, according to a reportreleased Thursday, March 6, 2014, by State Comptroller Thomas P. DiNapoli. The report, which reviews New York’s capital spending over the past decade and plans for the coming years, concludes that reforms are needed to ensure that New York State is spending its billions of capital project dollars wisely.

State Pension Fund Makes New Commitment of $10 Million for Investments in New York Companies

New York State Comptroller Thomas P. DiNapoli announced Thursday, March 6, 2014, a $10 million commitment to venture capital firm Tribeca Venture Partners (TVP) through the New York State Common Retirement Fund’s (Fund) In–State Private Equity Program. TVP will use the funds to provide early stage venture capital funding to New York state–based companies. This is the Fund’s second commitment to TVP.

DiNapoli Statement on Special Education Provider Guilty Plea in Federal Court

New York State Comptroller Thomas P. DiNapoli Friday, March 7, 2014, issued the following statement on the guilty plea to mail fraud in federal court by Cheon Park, the owner of Bilingual SEIT & Preschool Inc., which stemmed from a referral from DiNapoli’s office.
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Fraternization on the job

Fraternization on the job

OATH Index No. 391/14

Department of Correction (DOC) brought charges against a correction officer relating to her relationship with an inmate, the father of her children.

OATH Administrative Law Judge Alessandra F. Zorgniotti found that the officer failed to notify DOC about her pre-employment relationship with the inmate, brought her cell phone on post to speak with him, and engaged in unauthorized financial dealings and discussed official business with him.

AJJ recommended that the correction officer be termination from employment.

Other disciplinary actions taken against employees as a result of alleged fraternization on the job are posted on the internet at:

http://publicpersonnellaw.blogspot.com/2012/03/applying-employers-anti-fraternization.html

http://publicpersonnellaw.blogspot.com/2010/01/correction-officer-dismissed-after.html

http://publicpersonnellaw.blogspot.com/2012/02/hearing-officer-recommends-correction.html

and

http://publicpersonnellaw.blogspot.com/2010/02/hearing-officer-recommends-termination.html

Decision 391/14 is posted on the Internet at:

http://archive.citylaw.org/oath/14_Cases/14-391.pdf
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