NY is a 1 party consent state, but this is a massive Taylor law violation.
One of many reasons
ORDA's Biggest Mistakes
- Thread starter snoloco
- Start date
Cork
Wylie Veteran
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- Jul 22, 2020
Not really how it works in the state. If you are vested in the retirement system, they can't do much to stop you from retiring.If, he was being held accountable, he would have been fired
Cork
Wylie Veteran
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- Jul 22, 2020
Ummm, he committed a criminal act while being employed by said state.
Milo Maltbie
Well-known member
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- Jul 21, 2020
Being forced out is the equivalent of being fired. It's even worse because you give up all the appeal rights you would have if you were fired for cause. No one ever loses their pension rights, not even if they are fired for committing a felony. Taylor Law violations are not felonies, maybe not even crimes at all.
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Campgottagopee
Well-known member
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- Jul 20, 2020
Well, in the real world (meaning not working for the government) the results of such acts would be very different.
LOL. Your pension is earned. You still get it if you commit a crime. There are certain public officials who can have their pension taken or reduced for crimes related to their jobs, but not many. I believe only the head of ORDA would be subject to that. Either way their is no felony here. Taylor law violations are generally not crimes.
Cork
Wylie Veteran
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- Jul 22, 2020
So with that bullshit rhetoric, I'm guessing you're a state employee, with a pension.
You may not like it, but it is factual/the law. And yep.So with that bullshit rhetoric, I'm guessing you're a state employee, with a pension.
x10003q
Well-known member
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- Jul 21, 2020
Recording a meeting were there is a reasonable expectation of privacy (like a closed union meeting) is illegal and could be a felony. Committing a felony with "a direct and actual relationship to the performance of the public officer’s existing duties" can lead to the forfeiture of a NYS pension. You might be able to make the case based on how Transue's job was classified.
"In 2018, Article 5, Section 7 of the New York State Constitution was ratified by the people of New York State to authorize the reduction and revocation of pensions of public officers in New York State who are members of a public retirement system in New York. This amendment applies to all NYSLRS members, both ERS and PFRS, regardless of date of membership. This law became effective January 1, 2018, and applies to qualifying offenses that occurred on or after January 1, 2018. Qualifying offenses are felonies which have “a direct and actual relationship to the performance of the public officer’s existing duties.”"
"The head of any state or local government department, division, board, commission, bureau, public benefit corporation or public authority who are vested with authority, direction and control over such department, division, board, commission, bureau, public benefit corporation or public authority;"
"Benefit forfeiture is not automatic. The State Constitution directs that an appropriate court will determine whether to reduce or revoke a public officer's pension following notice and a hearing."
Forfeiture of Benefits for Convicted Felons
NYSLRS members who joined on or after November 13, 2011, may have benefits reduced or revoked if they are convicted of a felony related to their public service.
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