ORDA's Biggest Mistakes

[Tjf1967]

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.

www.osc.ny.gov

Could... Brownie maybe ask for the interview again. They are looking. X is damning them, maybe rightfully so.

 

[Milo Maltbie]

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.

www.osc.ny.gov

None of that is happening. ORDA forced him out, which means they didn't want to go through the process of presenting the evidence necessary to fire him for cause. They certainly don't want to go through the process for a felony prosecution, which is a much higher evidentiary bar. Based on the facts we know there was no felony anyway. The Transue case is closed.

mm

 

[rebel1916]

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.

Violating the Taylor Law is not a felony

"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.

www.osc.ny.gov

As previously stated, I am not convinced Transue is even covered under that, and I do not believe there is any chance a felony was committed. I am not supporting Transue, I am glad he was shitcanned, (which he was even though he "resigned") and I think his behavior was scummy. I have been a union man in both private and public sector unions for almost 30 years. But whatever pension credits he earned, he earned. Right or wrong, it is what it is.

 

[Campgottagopee]

One of the downfalls regarding unions is they protect both the good and the bad worker's equally. Right or wrong, it is what it is.