Local school boards “exercise ultimate authority for access to students, school buildings and school property generally” (Matter of Lloyd v Grella, 83 NY2d 537, 547 , rearg denied 83 NY2d 1001 ). School boards may impose reasonable restrictions on individuals’ access thereto (compare Appeal of Anonymous, 48 Ed Dept Rep 503, Decision No. 15,931 [reasonable restrictions upheld] and Appeal of Anonymous, 44 id. 260, Decision No. 15,167 [same] with Appeal of Anonymous, 48 id. 266, Decision No. 15,855 [“total ban” for indefinite period of time annulled]). Click on the URL below to access this decision posted on the Internet:
January 18, 2023
January 16, 2023
NYPPL's public personnel law handbooks, listed below, available for purchase from BookLocker, LLC.
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.
January 14, 2023
Applying the doctrine of laches may be triggered within the context of a workers' compensation claim when a party is deemed guilty of the "failure to assert a right for an unreasonable and unexplained length of time, accompanied by other circumstances causing prejudice to the adverse party" (Matter of Fuller v Jackson, 205 AD3d 1291) and the Workers' Compensation Board's determination regarding the applicability of the laches doctrine "will not be disturbed on appeal if supported by substantial evidence" (Matter of Trombino v FMB Inc., 210 AD3d 1212. Click on the URL below to access this decision posted on the Internet: