DECISIONS

**PLEASE NOTE- These are unofficial copies of decisions. They are provided solely as informal information to our clients and prospective clients as samples of the successes of our firm. No representation is made as to the accuracy of any of the decisions and we accept no liability for any errors that may be contained in these decisions.**

In the Matter of Orangetown Policemen's Benevolent Association v. Town of Orangetown (PERB Case No. U-25717) . In this case, the PBA challenged the Town's unilateral implementation of a policy that prohibited the PBA and the individual police officer from videotaping or audiotaping “independent medical examinations” ordered by and conducted by the Town for purposes of determining GML §207-c benefits. PERB found that the unilateral implementation of this prohibition was a violation by the Town of §209-a.1(d) of the Taylor Law. PERB ordered the Town to immediately rescind and cease implementation of the prohibition against videotaping and audiotaping of GML §207-c medical examinations; ordered removed from members personnel files any documents placed there as a result of the implementation of the prohibition; and required the Town to post a notice indicating PERB's finding. (Click here to see the full decision of the PERB ALJ which was issued October 17, 2006. PDF viewer required)

In the Matter of Rockland County Patrolmen's Benevolent Association, Inc. v. Patricia Prendergast, etc., et al. ( Rockland County Index No. 2128/04) 2nd Appellate Division Docket No. 2004-6127 . In this case, the PBA challenged the appointment of the Chief of Police of Clarkstown because he had been appointed from the fourth position of a five year old eligible list in violation of the Rockland County Police Act, Civil Service Law and the Merit and Fitness clause of the N.Y. State Constitution. The trial court found against the PBA as it stated that the “one in three rule” was ineffective in Rockland County and it further stated that eligible lists never expire in Rockland County . The PBA appealed. The Appellate Division, Second Department, reversed the trial court and granted the petition of the PBA annulling the appointment of the Chief of Police and directed the trial court to enter a judgment declaring that the appointment of the Chief of Police violated the Rockland County Police Act and the Merit and Fitness Clause of the N.Y. State Constitution. (Click here to see the full decision of the Appellate Division which was issued January 17, 2006.)

In the Matter of the Arbitration between Town of Mamaroneck (Police Department) and the Town of Mamaroneck Police Benevolent Association . In this matter the Town applied a sick leave disincentive to a police officer who had been out due to a previous line of duty (GML §207-c) injury. The Arbitrator found in favor of the PBA and directed the Town to return the police officers accruals and pay him for overtime that they had refused to allow the police officer to perform. (Click here to see the full Arbitration Award which was issued February 26, 2007. PDF viewer required)

In the matter of the Interest Arbitration between the Town of Orangetown and the Orangetown Policemen's Benevolent Association. This Arbitration Award covers the period January 1, 2006 through December 31, 2007. (Click here to see the full Interest Arbitration Award which was issued June 20, 2007. PDF viewer required)