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3 Nov 2011, 3:56 am
Counseling memorandum and disciplinary action Hoffman v Village of Sidney, 652 NYS2d 346 In a number of instances, counseling memoranda have been challenged on the theory that the employer's issuing a counseling memorandum, in and of itself, constitutes disciplinary action. [read post]
26 Sep 2011, 3:19 am
” In this instance, however, the court ruled that the counseling memorandum given to Harper did, in fact, constitute a disciplinary action taken against him and thus was subject to the disciplinary grievance procedures set out in a collective bargaining agreement [CBA]. [read post]
22 Oct 2010, 3:02 am
Failing to participate in a counseling program results in disciplinary actionSiciliano v Safir, 259 AD2d 366New York City police officer Matthew Siciliano was dismissed from his position after he refused to enter the department’s counseling program. [read post]
13 Nov 2017, 4:00 am
The seminal decision concerning placing a "counseling memorandum" in an educator's personnel file is Holt v Board of Education, Webutuck Central School District, 52 NY2d 625. [read post]
13 Nov 2017, 4:00 am
The seminal decision concerning placing a "counseling memorandum" in an educator's personnel file is Holt v Board of Education, Webutuck Central School District, 52 NY2d 625. [read post]
9 Nov 2011, 3:11 am
The court also said that it noted that Ferguson was given numerous oral admonitions and counseling memoranda warning her of further disciplinary action, such did not constitute "punishment" such that the present disciplinary proceeding could be deemed duplicative. [read post]
5 Nov 2010, 3:56 am
It said that Winkler had been accorded all the protections of Section 75 to which she was entitled, noting that she had been given a statement of the charges and a hearing was held at which she was represented by counsel. [read post]
13 Jan 2010, 3:30 am
Because of the seriousness of the disciplinary action, as well as of the complications that might exist, it is always advisable for a firm or broker to have engage experienced counsel when seeking to resolve a FINRA examination or disciplinary case.The formal complaint process involves Enforcement (or Market Regulation) filing a complaint with FINRA's Office of Hearing Officers. [read post]
2 May 2017, 8:57 pm
Under Sandin v. [read post]
11 Jun 2008, 12:06 am
Proving disciplinary chargesFerguson v Traficanti, App. [read post]
13 Dec 2010, 4:15 am
CSL §75 provides a right to an attorney at a disciplinary hearing but not in course of an investigation before disciplinary charges are servedMatter of Nygard v County of Warren, 2010 NY Slip Op 09060, decided on December 9, 2010, Appellate Division, Third DepartmentThomas Nygard, a Warren County deputy sheriff, was served with disciplinary charges alleging seven acts of misconduct pursuant to §75 of the Civil Service Law. [read post]
3 Aug 2018, 4:00 am
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
24 Aug 2011, 3:27 am
The classic example: Taylor v Cass, 505 NYS2d 929. [read post]
11 Jan 2011, 3:55 am
Unemployment insurance and Section 75 disciplinary findingDimps v NYC Human Resources Administration, 274 A.D.2d 625Dimps had been found guilty of 12 of 20 specifications of misconduct by an administrative law judge [ALJ] following a disciplinary hearing pursuant to Section 75 of the Civil Service Law.The ALJ recommended that Dimps be dismissed and HRA adopted the hearing officer’s findings and recommendation regarding the penalty to be imposed. [read post]
6 May 2024, 6:49 am
Anna Reeves Olson were appointed to serve as Special Bar Counsel in the present disciplinary proceeding. [read post]
4 Nov 2010, 3:45 am
The employer, however, may not use the counseling memorandum or a performance evaluation to avoid initiating formal disciplinary action against an individual as the Fusco and Irving decisions by the Commissioner of Education demonstrate [Fusco v Jefferson County School District, CEd, 14,396 and Irving v Troy City School District, CEd 14,373]. [read post]
13 Sep 2011, 5:13 am
On the other hand, counseling letters may not be used as a subterfuge for avoiding initiating formal disciplinary action against a tenured individual. [read post]
8 Jun 2010, 11:12 am
Accordingly, the Appellate Division concluded that neither educator could avail herself of the hearing procedures set out in Education Law §3020-a.Further, while a counseling letter is “active” in a personnel file, the district may subsequently initiate disciplinary action based on the same event and the memorandum itself could be introduced as evidence in the course of the disciplinary proceeding.On this point, as the Court of Appeal ruled in Patterson… [read post]
20 Nov 2019, 10:31 am
” Courts have generally held students do not have a right to counsel in school disciplinary proceedings. [read post]
9 Apr 2010, 3:40 am
Applying the terms of a disciplinary settlement agreementPerretti v NYC Transit Auth., App. [read post]
