The Regulatory Week in Review: July 22, 2011
The Senate Committee on Homeland Security and Government Affairs held a hearing examining proposals for improving the rulemaking process, reducing regulatory capture, and minimizing regulatory burdens on businesses. See related Regblog post. Michael Bromwich, the director of the Bureau of Ocean Energy Management, Regulation and Enforcement, testified to the House Committee on Natural Resources that British Petroleum is voluntarily adopting more stringent safety standards than required. President Obama tapped former Ohio Attorney General Richard Cordray to run the Consumer Financial Protection Bureau, which came to life July 21, 2011. Cordray awaits Senate confirmation for the position. The House passed a bill with an amendment that will effectively prohibit enforcement of the light bulb efficiency standards Congress enacted in the Energy Independence and Security Act of 2007. Several groups, including Los Angeles doctors, Physicians for Social Responsibility-Los Angeles, Desert Citizens Against Pollution, Communities for a Better Environment, and the Natural Resources Defense Council sued the Environmental Protection Agency (EPA), claiming a failure to properly regulate smog levels. The Federal Communications Commission (FCC) announced it will accept public comments on the report recently submitted by LightSquared about the potential interference to GPS operations posed by Lightsquared's broadband system. Proposed rules in the Department of Justice's (DOJ) Zadroga Act would add new categories of beneficiaries and set new filing deadlines. The Zadroga Act compensates individuals sickened by exposure to toxins at Ground Zero after the September 11 attacks. The Securities and Exchange Commission (SEC) announced it will hold a field hearing July 29 on the municipal securities market in Jefferson County, Alabama to discuss issues related to solvency and transparency. It will be the third regional hearing of its kind.
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- Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
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