ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

October 20, 2010

Means used to place candidates with tied scores on eligible list may impact on seniority for the purposes of layoff

Means used to place candidates with tied scores on eligible list may impact on seniority for the purposes of layoff
Fiffe v Cohoes Civil Service Comm., 262 AD2d 762, Motion for leave to appeal denied, 93 NY2d 819

Thomas Fiffe was one of seven candidates appointed to firefighter positions in Cohoes, all effective July 25, 1994. He was one of four candidates who had an examination score of 85 and was ranked fifth on the eligible list. But the Cohoes Civil Service Commission later revised this ranking and placed Fiffe seventh on the list. After losing his job in a layoff, Fiffe claimed this change was arbitrary and capricious, and that he had greater seniority than retained employees. The Appellate Division found in favor of the Commission, sustaining its action revising the list as rational and declined to disturb it.

The Commission claimed its original ranking was in error. It explained that at the time Fiffe applied for the examination, its seniority policy for civil service purposes differentiated applicants with the same examination score by ranking the applicants according to the date of receipt of each application and fee. As the result of an error, said the Commission, when the original eligibility list was issued, the candidates with tie scores were randomly placed on the list as among themselves rather than in the order of their application/fee date. In January 1997 -- 11 months before the layoff -- the Commission revised the eligible list “to reflect the correct date of application in accordance with its established policy.”

Fiffe contending that the issuance of a revised eligible list, and the resulting change in his rank and seniority, was arbitrary and capricious. He asked the court to change the date of his application to April 1, 1993. This, of course, would give him greater seniority for the purposes of layoff.

Fiffe argued that the April 1 date should be used because that was the date on which he had originally submitted his application for examination. His application was initially rejected by the Commission because of Fiffe’s date of birth but it was subsequently accepted and processed. The Commission used the later date rather than April 1, when determining his rank on the eligible list.

The Appellate Division sustained the Commission’s action, reflecting the fact that a local civil service commission can use any rational method of ranking to break scoring ties on eligible lists, as long as it is consistent in applying its rule.

============================================
If you are interested in learning more about layoff procedures involving employees in the public service in New York State please click here: http://nylayoff.blogspot.com/
============================================
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com