tag:blogger.com,1999:blog-25914917144184266102009-12-06T13:07:31.193-05:00New York Public Personnel LawSummaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State
ISSN 1937-4895The Public Employment Law Pressnoreply@blogger.comBlogger114125tag:blogger.com,1999:blog-2591491714418426610.post-59669618305729756022009-12-06T09:16:00.000-05:002009-12-06T09:16:16.434-05:00Sending pornography via Email is misconduct and disqualifies employee for Unemployment Insurance BenefitsSending pornography via Email is misconduct and disqualifies employee for Unemployment Insurance BenefitsSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.Geisinger Health Plan v Unemployment CompensationThe Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-40349286011296515902009-12-04T07:02:00.000-05:002009-12-04T07:02:00.450-05:00Terminating an employee after he or she has been continuously absent on sick leave for one year or longerTerminating an employee after he or she has been continuously absent on sick leave for one year or longer Matter of Sheeran v New York State Dept. of Transp., 2009 NY Slip Op 08914, decided on December 3, 2009, Appellate Division, Third DepartmentThomas Sheeran was employed as a civil engineer by the New York State Department of Transportation. Suffering from recurring medical problems, applied, The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-44656965784092388442009-12-04T01:14:00.000-05:002009-12-04T01:14:00.478-05:00E-Mail characterized as “disruptive” by the employer results in employee’s dismissalE-Mail characterized as “disruptive” by the employer results in employee’s dismissalSource: West.Andrews.Editor@ThomsonReuters.comMichael Kaye, a librarian employed by the San Diego County Public Law Library, was terminated from his position after sending an e-mail to a superior that claimed that he and his colleagues "work under an autocratic command structure and that reference staff meetings The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-40124230620182346772009-12-03T07:21:00.002-05:002009-12-03T08:02:58.542-05:00Testing employees for unlawful drug use a mandatory subject of collective bargainingTesting employees for unlawful drug use a mandatory subject of collective bargainingMatter of Deitch v City of New York, 2009 NY Slip Op 52402(U), Decided on November 30, 2009, Supreme Court, Kings County, Justice Arthur M. Schack [Not published in the Official Reports.]Terence J. Deitch was terminated from his position as a New York City Police Officer after a sample of his hair tested positive The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-58450387804342193292009-12-03T07:08:00.006-05:002009-12-03T14:49:23.988-05:00Individual seeking accidental disability retirement benefits must show that the injury was “an unexpected event” suffered in the performance of dutyIndividual seeking accidental disability retirement benefits must show that the injury was “an unexpected event” suffered in the performance of duty1. Matter of DeLaCruz v DiNapoli, 2009 NY Slip Op 08745, Decided on November 25, 2009, Appellate Division, Third Department2. Matter of Rolon v DiNapoli, 2009 NY Slip Op 08746, Decided on November 25, 2009, Appellate Division, Third Department3. The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-800495639955333782009-12-03T06:50:00.000-05:002009-12-03T06:50:00.647-05:00Abuse of sick leave creditAbuse of sick leave creditSource: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELEArbitrator Richard A. Van Kalker sustained the three-day suspension without pay of a police officer who, after prior warnings, continued to call in sick on a Friday or Monday. "The legitimacy of [an] illness certainly is questioned when there is a habitual The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-19016872027641918322009-12-02T15:15:00.002-05:002009-12-02T15:24:14.798-05:00Pension reform bill adopted by the State's LegislaturePension reform bill adopted by the State's LegislatureS66026 RULES;* Same as A40026, Assembly RulesThe State Legislature passed the Governor’s Program Bill #213 creating a new Tier V plan.Key components of Tier V include: 1. Raising the minimum age at which most civilians can retire without penalty from 55 to 62 and imposing a penalty of up to 38 percent for any civilian who retires prior to ageThe Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-59833318908622913432009-12-02T07:10:00.000-05:002009-12-02T07:10:00.299-05:00Reasonable assurance of continued employment defeats claim for unemployment insurance benefitsReasonable assurance of continued employment defeats claim for unemployment insurance benefits Matter of Marin v Commissioner of Labor, 2009 NY Slip Op 08740, decided on November 25, 2009, Appellate Division, Third DepartmentJose G. Marin was employed as a per diem substitute paraprofessional in the New York City School District during the 2007-2008 school year. In June 2008, the school district The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-43592641551154008922009-12-02T07:00:00.004-05:002009-12-03T14:48:03.915-05:00Hearsay testimony in an administrative disciplinary or other administrative proceedingHearsay testimony in an administrative disciplinary or other administrative proceedingNYC Department of Education v Robles, OATH Index No. 2275/09The New York City Department of Education sought to terminate Louis Robles, a custodian engineer, on the grounds that he removed school property from a public school for his own personal use and for receiving additional compensation for building a wall The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-58122703942163734862009-12-02T06:28:00.001-05:002009-12-02T06:28:00.069-05:00Arbitrator rules that the failure to include the “proposed penalty” in the disciplinary charges served on the employee a fatal omissionArbitrator rules that the failure to include the “proposed penalty” in the disciplinary charges served on the employee a fatal omissionSource: Press Release from School Administrators Association of New York StateA press release issued by the School Administrators Association of New York State reports that ”Liverpool Director of Computer Education and Services Bonnie Ladd’s disciplinary charges The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-23881633260325265462009-12-02T06:10:00.000-05:002009-12-02T06:10:00.354-05:00Employee terminated for misconduct ineligible for unemployment insuranceEmployee terminated for misconduct ineligible for unemployment insuranceMatter of Warren v Commissioner of Labor, 2009 NY Slip Op 08739, Decided on November 25, 2009, Appellate Division, Third DepartmentWillie R. Warren Jr. worked as a bus operator for a public transportation company. He was terminated after violating the employer's policy by leaving his proscribed route without authorization andThe Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-87347179191170210382009-12-01T07:15:00.003-05:002009-12-01T12:45:55.047-05:00City to pay 100% of the cost of health insurance for retired firefightersCity to pay 100% of the cost of health insurance for retired firefightersMatter of Gooshaw v City of Ogdensburg, 2009 NY Slip Op 08738, decided on November 25, 2009, Appellate Division, Third DepartmentThomas W. Gooshaw, a retired City of Ogdensburg firefighter, was the lead plaintiff in an action that alleged that the City had violated the terms of the collective bargaining agreement [CAB] in The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-12401586669085734182009-12-01T07:06:00.000-05:002009-12-01T07:06:00.200-05:00Moonlighting while on FMLA leave Source: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELEThe arbitrator ruled that management unfairly denied a police officer the right to work secondary employment while he was on FMLA leave due to the birth of a child.The arbitrator's rationale: The city did not have any policy prohibiting its police The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-32749484750818245612009-12-01T07:00:00.001-05:002009-12-02T08:14:08.524-05:00Members of the Nassau County Rent Board are employees of the StateMembers of the Nassau County Rent Board are employees of the StateFormal Opinions of the Attorney General 2009-F1The Attorney General has advised Gary R. Connor, Counsel, the NYS Division of Housing and Community Renewal, that, in his opinion, the members of the Nassau County Rent Guidelines Board* are individuals employed in the service of the State “whether or not compensated” and thus they areThe Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-75058967770477612362009-12-01T06:31:00.000-05:002009-12-01T06:31:00.202-05:00DOL issues guidance on H1N1 flu and FMLADOL issues guidance on H1N1 flu and FMLASource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation. On November 9, 2009 the DOL Wage and Hour Division issued guidance on the availability of The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-59768807767309366182009-11-30T07:09:00.001-05:002009-11-30T07:09:00.403-05:00Employer’s failure to investigate alleged sexual abuse after learning of its employee’s arrest excuses the filing of a late notice of claimEmployer’s failure to investigate alleged sexual abuse after learning of its employee’s arrest excuses the filing of a late notice of claimMatter of Trotman v Rochester City School Dist., 2009 NY Slip Op 08664, decided on November 20, 2009, Appellate Division, Fourth DepartmentConcluding that Supreme Court abused its discretion in denying Kyle O. Trotman's application for leave to serve a late The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-2815356570691623242009-11-30T07:06:00.001-05:002009-11-30T07:06:00.522-05:00The denial of a motion to reargue a motion that has been denied may not be appealedThe denial of a motion to reargue a motion that has been denied may not be appealedMatter of Niagara Frontier Transp. Auth. v International Longshoremen's Assn., Local 2028, 2009 NY Slip Op 08379, decided on November 13, 2009, Appellate Division, Fourth DepartmentNiagara Frontier Transportation Authority v International Longshoremen's Association presents an interesting, if convoluted, series of The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-88332978454310978582009-11-30T07:05:00.003-05:002009-11-30T11:46:58.741-05:00Probationary period for newly appointed New York City sanitation workers changed from 12 months to 18 monthsProbationary period for newly appointed New York City sanitation workers changed from 12 months to 18 monthsMatter of Nespoli v Doherty, 2009 NY Slip Op 08499, Decided on November 19, 2009, Appellate Division, First DepartmentSupreme Court Justice Marcy J. Kahn Harry dismissed Nespoli’s petition on behalf of the Sanitationmen's Union to annul the determination of Commissioner of the Department ofThe Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-22235079909339597212009-11-30T07:00:00.002-05:002009-11-30T07:00:05.510-05:00Deciding that the employee’s testimony did not make sense, hearing officer concluded the employee statements were untrueDeciding that the employee’s testimony did not make sense, hearing officer concluded the employee statements were untrueDepartment of Corrections v Patterson OATH Index No. 2164/0OATH Administrative Law Judge Faye Lewis recommended termination of Corrections Captain Reginald Patterson after finding that Patterson used excessive force towards an inmate and made multiple false statements and The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-31359511918094452052009-11-30T06:51:00.002-05:002009-11-30T11:46:07.714-05:00Police officer suffering an injury in police station but not performing any job duty at the time ineligible for GML §207-c disability benefitsPolice officer suffering an injury in police station but not performing any job duty at the time ineligible for GML §207-c disability benefitsMatter of DiMeglio v Village of Briarcliff Manor, N.Y., 2009 NY Slip Op 08614, Decided on November 17, 2009, Appellate Division, Second DepartmentLinda L. DiMeglio, a police officer with the Village of Briarcliff Manor, appealed an arbitrator's award that The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-54505031765137929382009-11-30T06:27:00.002-05:002009-11-30T06:27:00.751-05:00Claim alleging “detrimental reliance” on agreement with employer underlying tendering employee’s resignation dismissedClaim alleging “detrimental reliance” on agreement with employer underlying tendering employee’s resignation dismissedBoakye-Yiadom v Roosevelt Union Free School Dist., 2007 NY Slip Op 52657(U), decided on April 18, 2007, Supreme Court, Nassau County, Justice Daniel PalmieriKwame Boakye-Yiadom, the former Assistant Superintendent for Business for the Roosevelt Union Free School District ("The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-9633855933631741312009-11-24T06:54:00.000-05:002009-11-24T06:54:00.198-05:00An arbitration award must be upheld if there is some minimal justification for the decision reached by the arbitratorAn arbitration award must be upheld if there is some minimal justification for the decision reached by the arbitratorMatter of Buffalo Teachers Fedn., Inc. v Board of Educ. of Buffalo City School Dist., 2009 NY Slip Op 08352, decided on November 13, 2009, Appellate Division, Fourth DepartmentIn this contract grievance arbitration, the arbitrator determined that although the Buffalo City School The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-34745433002986881572009-11-24T06:36:00.000-05:002009-11-24T06:36:00.159-05:00Dismissal of employee found guilty of misusing authority and mistreatment of patient recommended by hearing officerDismissal of employee found guilty of misusing authority and mistreatment of patient recommended by hearing officerHealth and Hospital Corporation v Bellinger, OATH Index #133/10In a disciplinary hearing, the Health and Hospitals Corporation proved that Joseph Bellinger, a hospital police sergeant, had used excessive force on a patient when he guided the patient into a control room and pushed himThe Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-23298425224172390662009-11-24T06:29:00.000-05:002009-11-24T06:29:00.522-05:00Firefighter’s Rule does not bar police officer accidentally shot in police locker room from suing for “common-law negligence”Firefighter’s Rule does not bar police officer accidentally shot in police locker room from suing for “common-law negligence”Ferriolo v City of New York, 2009 NY Slip Op 08494, Decided on November 19, 2009, Appellate Division, First DepartmentPolice officer Vincenzo Ferriolo was in the process of donning his uniform before beginning his tour of duty and conversing with another officer while a The Public Employment Law Pressnoreply@blogger.com0tag:blogger.com,1999:blog-2591491714418426610.post-58660762169399470492009-11-24T06:27:00.000-05:002009-11-24T06:27:00.089-05:00Since Machiavelli's TimeSince Machiavelli's TimeJonathan G. Newell, et al. v. Susan Runnels, et al., Maryland Court of Appeals No. 48, Filed: March 13, 2009Source: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2009, All rights reserved http://lawprofessors.typepad.com/adminlaw/The Maryland Court of Appeals begins an opinion with a quote from Machiavelli. Noting that he had suffered the rack The Public Employment Law Pressnoreply@blogger.com0