PEF Representational Policy on professional misconduct charges
The following protection is in addition to PEF’s representation of all NYS employees who are served with a Notice of Discipline (NOD) by the employing agency.
PEF LEGAL REPRESENTATION IN LICENSING CASES
From the desk of PEF’s General Counsel, William Seamon
Subject to certain conditions, PEF will provide legal representation to PS&T Unit employees served with formal disciplinary charges concerning their professional licenses.
In order for a PS&T Unit member to be eligible for legal representation, the employee must: (1) be required to be licensed by New York State in order to qualify for the State position; and (2) be served with formal disciplinary charges against that license for conduct allegedly arising out of the employee’s State position.
PEF will not provide legal representation in the licensing forum when the charges concern off-duty conduct. For example, we would not provide representation to a nurse on charges which arise out of a second, non-State job. PEF will also not provide representation when the license is not required for the PS&T Unit position. For example, we would not provide representation to a state attorney who is facing charges concerning his or her real estate broker’s license.
Additionally, PEF’s policy to provide representation in licensing cases only extends to active PS&T Unit employees. PEF does not provide representation to former PS&T Unit employees. Therefore, if an employee leaves State service due to resignation, termination or retirement, PEF will not provide representation in the licensing forum.
Please bear in mind that representation will only be provided upon service of formal disciplinary charges. PEF does not provide representation during the initial investigatory stage as the vast majority of these investigations result in no formal charges.
Upon the employee’s receipt of formal disciplinary charges, a thorough legal intake, similar to a disciplinary termination intake, should be forwarded (by the appropriate PEF Field Representative) to the office of the General Counsel in order to request assignment of counsel.