Tag Archives: pursuant

A police officer's personnel records are exempt from disclosure pursuant to the Freedom of Information Law during and after he or she leaves public service

Public Officers Law §87[2][a]) provides that "[a]ll personnel records used to evaluate performance toward continued employment or promotion, under the control of any police agency . . . [,] shall be considered confidential and not subject to inspection or review … Continue reading

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When might you be required to preserve certain ESI beyond your routine record retention policy? When that ESI is the subject of pending litigation and a court determines that ESI is in danger of being destroyed pursuant to your policy.

Author: Sarah E. Hsu WilburCase Citation: Houston v. Coveny, No. 14-cv-6609, 2017 WL 972124 (W.D.N.Y. Mar. 3, 2017)Employee/Personnel/Employer implicated: Department of Corrections and Community Supervision (DOCCS)eLesson Learned: A court can order an entity to suspend its routine record retention policy … Continue reading

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Procedures required to be followed by an appointing authority seeking to place an employee on disability leave pursuant to Civil Service Law §72 involuntarily

The basics with respect to placing an employee on ordinary disability leave pursuant to §72 of the Civil Service Law* involuntarily, except where the appointing authority determines that the individual's continued presence at the job site constitutes a danger to the … Continue reading

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Principles governing judicial review of administrative determinations pursuant to the substantial evidence standard

The Justice Center for the Protection of People with Special Needs [Justice] issued a report setting out an adverse "substantiated finding" involving Petitioner's interactions with an individual with special needs ["Service Recipient"]. Petitioner asked Justice to amend its report to … Continue reading

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Documents containing information used to evaluate the performance of specified public employees are not subject to disclosure pursuant to a Freedom of Information request

Documents containing information used to evaluate the performance of specified public employees are not subject to disclosure pursuant to a Freedom of Information requestLuongo v Records Access Appeals Officer, 2019 NY Slip Op 00344, Appellate Division, First DepartmentThe Legal Aid … Continue reading

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