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16 Nov 2017, 4:11 am by Edith Roberts
Briefly: Subscript offers a graphic explainer for Oil States Energy Services v. [read post]
28 Jun 2010, 4:27 am
Former employees alleged they were the target of selective prosecution in administrative disciplinary actionBey v New York City Civil Service Commission, Supreme Court, Justice Madden, 2001 NY Slip Op 30058(U), [not officially reported]New York City conducted an investigation to determine which employees were claiming tax-exempt status or were claiming an excessive number of exemptions. [read post]
6 Apr 2021, 4:00 am by Public Employment Law Press
* Many Local Civil Service Commissions and Civil Service Law §15 Personnel Officers have adopted rules or regulations similar to those set out in 4 NYCCR 5.3 applicable to employees in the Classified Service in their respective jurisdictions.** Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation flowing from the appointing authority conducting a disciplinary hearing in absentia. [read post]
6 Apr 2021, 4:00 am by Public Employment Law Press
* Many Local Civil Service Commissions and Civil Service Law §15 Personnel Officers have adopted rules or regulations similar to those set out in 4 NYCCR 5.3 applicable to employees in the Classified Service in their respective jurisdictions.** Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation flowing from the appointing authority conducting a disciplinary hearing in absentia. [read post]
3 Jul 2011, 4:12 am by Blog Editorial
Winston Gibson v Public Service Commission; Ranjan Rampersad v Commissioner of Police and Police Service Commission; Robert Ramsahai v Teaching Service Commission; Ashford Sankar & Others v Public Service Commission; Gopichand Ganga and Others v Commissioner of Police and Others; and Hermia Tyson-Cuffie v Public Service… [read post]
5 Nov 2010, 3:56 am
A settlement of a disciplinary action should be memorialize in writingWinkler v Kingston Housing Auth., 259 AD2d 819A public employee who faces disciplinary charges may enter into a settlement agreement that disposes the charges, so long as the waiver is knowingly and intelligently undertaken and serves as the consideration for the curtailment of pending disciplinary proceedings [see Whitehead v State of New York Department of Mental Hygiene, 71 AD2d 653]. [read post]
26 Aug 2020, 4:00 am by Public Employment Law Press
Although in People v Mosher, 163 NY 32, the Court of Appeals held that a civil service commission cannot mandate a rule of one with respect to appointing an individual from an examination eligible list to a position in the competitive class, the appointing authority itself may elect to be bound by such a rule. [read post]
26 Aug 2020, 4:00 am by Public Employment Law Press
Although in People v Mosher, 163 NY 32, the Court of Appeals held that a civil service commission cannot mandate a rule of one with respect to appointing an individual from an examination eligible list to a position in the competitive class, the appointing authority itself may elect to be bound by such a rule. [read post]
25 Mar 2007, 4:00 pm
In 1995 the Connecticut Civil Liberties Union and the ACLU brought suit against the new Governor and the Public Defender Services Commission for alleged failure to adequately fund public defender services. [read post]
30 Mar 2017, 9:30 am by The Public Employment Law Press
Hearing officer's applying an incorrect standard in making his or her determination requires the remanding of the matter for a new hearingMcGowan v New York State & Local Police & Fire Retirement Sys., 2017 NY Slip Op 01751, Appellate Division, Third DepartmentJames K. [read post]
9 Nov 2007, 6:45 am
Barney Frank of Massachusetts, who chairs the House Financial Services Committee, held a hearing on the issue in late September. [read post]
20 Apr 2020, 9:23 am by Arthur F. Coon
  In Friends of Eel River (my July 31, 2017 post on which can be found here), the Supreme Court held that another federal law – the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”) – does not preempt CEQA’s application to a railroad project undertaken by a state public entity on a rail line also owned by that state entity; it reasoned that even though a state’s imposition of environmental… [read post]
18 Nov 2020, 2:38 pm by Eleonora Rosati
With national legislators in EU Member States trying to find the right implementation strategy at the domestic level and the European Commission working on a new architecture for internet service provider liability in the Digital Services Act (‘DSA’), the debate has reached a new peak. [read post]