Public Officers Law § 1 Et Seq.; Are State Officials, a Railroad Man Is Not a "Public Mckinney's Executive Law §§ 256, 257, Subds
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WORDS AND PHRASES™ PERMANENT EDITION Volume 35 PROXY- PUBLIC OWNERSHIP Updated by cumulative annual pocket parts THOMSON \NEST• Mat #40460980 Cite by Word or Phrase Thus Words and Phrases, "Accretion" Closing with Cases Reported in Atlantic Reporter, Second Series .................................................... 899 A.2d 522 Bankruptcy Reporter ........................................................................ 342 B.R. 667 California Reporter, Third Series ......................................... 44 Cal.Rptr.3d 630 Federal Claims Reporter ...................................................................... 70 Fed.Cl. Federal Reporter, Third Series ..................................................... 449 F.3d 1248 Federal Appendix .................................................................... 171 Fed.Appx. 848 Federal Rules Decisions ............................................................... 235 F.R.D. 520 Federal Supplement, Second Series ............................................ 428 F.Supp.2d Illinois Decisions ........................................................................... 302 Ill.Dec. 496 Military Justice Reporter .................................................................... 63 M.J. 204 63 M.J. 643 New Jersey Tax Court Reports .................................................... 23 N.J.Tax 69 New York Supplement, Second Series ................................... 816 N.Y.S.2d 398 North Eastern Reporter, Second Series ................................... 849 N.E.2d 111 North Western Reporter, Second Series .................................. 715 N.W.2d 241 Pacific Reporter, Third Series ......................................................... 136 P.3d 166 South Eastern Reporter, Second Series ..................................... 630 S.E.2d 527 Southern Reporter, Second Series ................................................ 929 So.2d 991 South Western Reporter, Third Series ...................................... 192 S.W.3d 246 Supreme e orter ............................................................... 126 S.Ct. 2377 ~~£{}1tiGB@ ter ............................................................... 19 Vet.App. PYRIGHT © 2006 Thomson/West The above symbol, KeyCite, WESTLAW®, WEST's and Words and Phrases are registered tr-ademarks. Registered in the U.S. Patent and Trademark Office. This publication was created to provide you with accurate and authoritative information concerning the subject matter covered; however, this publication was not necessarily prepru·ed by persons licensed to practice law in a particular jurisdiction. The publisher is not engaged in rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. PUBLIC, EDUCATIONAL OR 35 W&P- 214 F.Supp. 1357, affirmed Time Warner Cable of New ute was not enacted "in case of emergency" in York City, a division of Time Warner Entertain denial of right of referendum, while not conclusive ment Co., L.P. v. Bloomberg L.P., 118 F.3d 917. on question of "public emergency," was of some Tel1230. significance. ~ub.Laws 1933, Sp.Sess., c. 284, as amended by Pub.Laws 1937, c. 233; Const. Me. PUBLIC EDUCATIONAL PROGRAM Amend. 31; U.S.C.A. art. 1, § 10.-Waterville Re Ga. 1964. A county junior college was a "public alty Corp. v. City of Eastport, 8 A.2d 898, 136 Me. educational program" within statute authorizing 309.-Const Law 117. county boards to condemn for any public edu Me. 1939. In determining whether the enact cational program authorized by law. Const. art. 8, ment of a statute allegedly impairing obligation of § 5, par. 1; Laws 1958, pp. 47-50 as amended by contracts was justified by public emergency, the fact Laws 1964, p. 686.-Sheppard v. DeKalb County that act was entitled as one "Creating a Board of Bd. of Ed., 138 S.E.2d 271, 220 Ga. 219.-Em Dom Emergency Municipal Finance," without expression 40. of facts in a preamble constituting a public emer gency, does not compel a conclusion that there was PUBLIC ELECTION a "public emergency" rather than one solely private N.C. 1911. A primary election for nomination affecting only certain municipalities. Pub.Laws of county officers is a "public election," and any 1933, Sp.Sess., c. 284, as amended by Pub.Laws conduct on the part of the managers thereof which 1937, c. 233; U.S.C.A.Const. art. 1, § 10.-Water interferes with the freedom or purity thereof is ville Realty Corp. v. City of Eastport, 8 A.2d 898, punishable at common law.-State v. Cole, 72 S.E. 136 Me. 309.-Const Law 117. 221, 156 N.C. 618.-Elections 310. Wash. 1932. That over 50,000 persons in county need public aid held "public emergency" warranting PUBLIC ELECTIVE OFFICE county commissioners to appropriate $200,000 be Tex. 1950. Dispute over membership of state yond statutory debt limit of county for poor relief. executive committee of Democratic Party did not Const. art. 8, § 7; Rem.Comp.Stat. §§ 9981-9992; involve a contest for place on primary ticket for Rem.Comp.Stat.Supp.1927, § 3997-8.-Rummens "public elective office" and action of convention v. Evans, 13 P.2d 26, 168 Wash. 527.-Counties thereon was final. Vernon's Ann.Civ.St. arts. 3107, 150(2). 3146.-Carter v. Tomlinson, 227 S.W.2d 795, 149 Tex. ?.-Elections 121(2). PUBLIC EMOLUMENTS OR PRIVILEGES Conn. 1947. The provision of state constitution PUBLIC ELECTRIC FACILITY that no men are entitled to exclusive "public emolu Colo.App. 2002. Electrical vault was a "public ments or privileges" means the same as equal pro electric facility" within meaning of statute waiving tection clause of 14th Amendment and neither town's immunity under the Governmental Immuni provision prevents legislation applicable only to ty Act in personal injury action by woman after she particular class of persons, if there is some material tripped over metal manhole cover on vault, even and substantial difference, germane to subject and though cover was located on restaurant's private purpose of legislation, between those within and property and transformer in vault provided electric those without such class. Const. art. 1, § 1; ity exclusively to restaurant; use of transformers U.S.C.A.Const. Amend. 14.-Franco v. City of New and electrical vaults were necessary for efficient Haven, 52 A.2d 866, 133 Conn. 544.-Const Law delivery of electrical power over town's electrical 208(1), 213.1(2). supply system, and thus vault provided public bene fit through efficient delivery of electricity. West's PUBLIC EMPLOYE C.R.S.A. § 24-10-106(1)(e, f).-Ellis v. Town of Or. 1979. For purposes of statute governing Estes Park, 66 P.3d 178, modified on denial of transfer of public employees, phrase "public em reconsideration en bane, and certiorari denied. ploye" does not include teachers in public schools. Mun Corp 775. ORS 236.610(2).-Davis v. Wasco Intermediate Educ. Dist., 593 P.2d 1152, 286 Or. 261.-Schools PUBLIC ELEVATOR 147.2(1). Kan. 1912. An elevator in which the grain of PUBLIC EMPLOYEE different owners is kept entirely separate, but in which the grain of the same owner, delivered at C.A.8 (Mo.) 1982. Accounting firm hired to au different times, is mixed together, is not a "public dit books and records of school board was not a elevator" within Laws 1907, c. 222, § 19, Gen.St. "public employee," but, rather, an independent 1909, c. 37, art. 1, § 3345, relating to inspection. contractor and could be denied auditing contract State v. Atchison, T. & S.F. Ry. Co., 125 P. 98, 87 with city in succeeding years solely because of the Kan. 348, 87 Kan. 565.-Inspect 3. political affiliation. 42 U.S.C.A. §, 1983; U.S.C.A.Const.Amend. 1; V.A.M.S. § 165,.181. PUBLIC EMERGENCY Fox & Co. v. Schoemehl, 671 F.2d 303.-Const Law 82(11); Schools 77. Me. 1939. In determining whether a statute pre venting the enforcement of claims against a city was C.A.9 (Or.) 1978. Where, during time in ques justified as emergency legislation, fact that the stat- tion, taxpayer was employed in Washington, D.C., 35 W&P- 215 PUBLIC EMPLOYEE by United States Senate as an administrative assis discretion vested in him. West's Ann.Gov.Code, tant to United States Senator, where taxpayer was § 820.2.-Saltares v. Kristovich, 85 Cal.Rptr. 866, 6 compensated in the amount of approximately Cal.App.3d 504.-0ffic 114. $1,200 per year, where taxpayer had definite work assignment and there was no indication that taxpay Colo. 1997. Director of county department of er accepted public employment as a tax dodge, and social services was not "public employee" of state where taxpayer earned approximately 98% of his within meaning of Governmental Immunity Act, income from his Oregon based business activities, and therefore state had no duty to indemnify di taxpayer was a "public employee" and was there rector in employment discrimination lawsuit fore entitled to deduct all ordinary and necessary brought by former employee of department, though expenses incurred by him in performing his duties department was division of state for administrative as administrative assistant. 26 U.S.C.A. (I.R.C. purposes, where county board controlled director's 1954) §§ 162, 7701(a)(26).-Frank v. U.S., 577 F.2d performance and was responsible for hiring, paying 93, 52 A.L.R. Fed. 387.-Int Rev 3316. and dismissing director. West's C.R.S.A. §§ 24-10-103(4)(a), 24-10-110(1)(a), (1)(b)(I). C.C.A.S (Tex.) 1936. School district's operation Norton v. Gilman, 949 P.2d 565.-States 62. of