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 HEREfor more information.

Former Village of Rhinebeck, New York employee arrested for working side job on the Village's time

New York State Comptroller Thomas P. DiNapoli and the New York State Police, reported the arrest of former Village of Rhinebeck Superintendent of Public Works John J. Fenton, Jr., on six counts, including grand larceny, falsifying business records and corrupting the government in the 3rd degree. The arrest was a result of a joint investigation between DiNapoli’s Office, the Dutchess County District Attorney’s Office, and the New York State Police.

While a full-time employee with the Village of Rhinebeck, Fenton obtained part-time zoning and code enforcement and building inspection employment with the Town of Rhinebeck, the Village of Tivoli, the Town of Red Hook and the Town of Clinton. In addition to his public employment, Fenton conducted home inspections for his two private companies.

Fenton allegedly left during the workday while working for the Village of Rhinebeck to work for the other municipalities and then falsified timesheets submitted to Red Hook to hide his double-dipping. Fenton also falsified mileage reimbursement requests to Red Hook in order to receive improper payments. In addition Fenton allegedly used the village’s office and other resources to work his various side jobs. As a result, he allegedly stole $2,697 from the Village of Rhinebeck and $2,978 from the Town of Red Hook.

“Mr. Fenton allegedly cheated the taxpayers of multiple municipalities to line his own pocket,” DiNapoli said. “I thank Dutchess County District Attorney William Grady and the New York State Police for partnering with my office to hold him accountable.”

Fenton was allegedly stealing from taxpayers for his own benefit by falsifying his timesheets, said New York State Police Superintendent Kevin P. Bruen. “We have no tolerance for any type of public corruption, and I commend the New York State Comptroller’s Office, our State Police members, and the Dutchess County District Attorney’s Office for their combined effort in exposing this fraud.” 

Fenton was arrested and released on an appearance ticket and is due back in court on April 7th.    

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 Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.ny.gov, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

Airborne Particulate Matter (PM) Articles

Airborne Particulate Matter (PM) Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via: https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA.  Serology testing for antibodies induced by Covid-19 may indicate past exposure without past infection.  Science Magazine, e-Letter, online: https://science.sciencemag.org/content/368/6495/1060/tab-e-letters, 18 June 2020;

Michaels, RA.  Legacy contaminants of emergent concern.  Conference presentation:  Energy and Environmental Law Section, New York State Bar Association, Annual Meeting, New York City, 31 January 2020;

Michaels, RA.  Confidence in courts:  a delicate balance.  Science Magazine, 357(6353):764, Letters, doi: 10.1126/science.aao3967, 25 August 2017;

Michaels, RA.  Environmental Moisture, Molds, and Asthma - Emerging Fungal Risks in the Context of Climate Change.  Environmental Claims Journal, 29(3):171-93, 2017; online:  https://doi.org/10.1080/10406026.2017.1345521, 26 July 2017;

Michaels. RA.  Particulate matter:  the Marines, EPA, and air quality. Guest Perspective. Arlington, Virginia; Risk Policy Report, 11(10):33-5, 26 October 2004;

Michaels, RA.  EPA can no longer ignore risks potentially posed by hours-long PM excursions.  Commentary.  Risk Policy Report, 8(9):35-9, 18 September 2001;

Michaels, RA; and MT Kleinman.  Effects exerted by PM in minutes to hours, involving immunological and electrophysiological mechanisms, can account for epidemiological associations of daily morbidity and mortality with 24-hour-average PM in air.  Inhalation Toxicology, 12(Supplement 2):151(Abstract), 2000;

Michaels, RA.; and MT Kleinman.  Incidence and apparent health-significance of brief airborne particle excursions.  Aerosol Science and Technology, 32:93-105, February 2000;

Michaels, RA.  Health effects of airborne particulate matter:  role of short-term exposures in producing chronic effects.  In:  Current Asbestos Issues, Sourcebook on Asbestos Diseases; George A. Peters and Barbara J. Peters, Editors.  Charlottesville, Virginia; Reed Elsevier, Inc.; Lexis Law Publishing Division; Volume 18, pp. 117-43, 1998;

Michaels, RA.  Permissible daily airborne particle mass levels encompass brief excursions to the ‘London fog’ range which may contribute to daily mortality and morbidity in communities.  Applied Occupational and Environmental Hygiene, 13(6):385-94, June 1998;

Michaels, RA.  Particulate matter policy.  Science, 278:1,696 (letter); 5 Dec. 1997; 

Michaels, RA.; and MT Kleinman.  Dose-dependent health risks support control of one-hour airborne particle levels.  Proceedings of the 90th Annual Meeting of the Air & Waste Management Association; Toronto, Ontario, Canada; 8-13 June 1997, 21 pp. 1997;

Michaels, RA.  A technically supportable middle ground in the particulate matter debate.  Commentary.  Risk Policy Report, 4(4):35-7, 18 April 1997;

Michaels, RA.  Airborne particle excursions contributing to daily average particle levels may be managed via a one-hour standard, with possible public health benefits.  Aerosol Science and Technology, 25:437-44, November 1996.

Michaels, RA.  Health risks support a one-hour airborne particle standard with data acquisition via rapid automated monitoring instrumentation.  In:  Measurement of Toxic and Related Air Pollutants, cosponsored by U. S. EPA and Air and Waste Management Association, Research Triangle Park, North Carolina, 7-9 May 1996; pp. 201-7, 1996;

Michaels, RA.  Health risks and particle monitoring:  new technologies to meet emerging data needs.  Pittsburgh, Pennsylvania; 14th Annual Meeting, American Association for Aerosol Research, Abstracts, page 338, 9-13 October 1995;

Michaels, RA.  Health Risks and Particle Monitoring:  New Technologies to Meet Emerging Data Needs, Including A One-Hour Upper Mass Limit in the Next National Ambient Air Quality Standard.  Robert A. Michaels; PhD, CEP; Project Director.  Schenectady, New York; RAM TRAC Corporation, 169 pp., 17 July 1995.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

bam@ramtrac.com

 

Evidence claim to have been concealed will be deemed irrelevant absent a showing it is material to resolving the arbitration

In this CPLR Article 75 action challenging a disciplinary arbitration award resulting in the termination of the Petitioner from his employment by the City of New York, the Appellate Division found that the Petitioners failed to meet their burden of "establishing, by clear and convincing evidence, the existence of fraud or misconduct sufficient to warrant vacatur of the arbitration award under CPLR 7511(b)(1)(i)."

Although the Petitioners' claimed that there was intentionally concealed video evidence present in the course of the arbitration, the Appellate Division opined that Petitioners failed to demonstrate that the alleged concealed video evidence was "materially related to an issue in arbitration" as the arbitrator had determined that the testimony given at the hearing was sufficient to sustain the employee's guilt and the imposition of the penalty of termination.

Click HERE to access the Appellate Division's decision.