New York Public Personnel Law: Appointing authority may reject a proposed disciplinary settlement

April 28, 2011

Appointing authority may reject a proposed disciplinary settlement

Appointing authority may reject a proposed disciplinary settlement

Tetro v Safir, App. Div., First Dept

It is not uncommon for an employee to offer to, or to agree to, “settle” disciplinary charges that have been filed against him or her.

Is the appointing officer bound to accept the “negotiated settlement?” Not necessarily, as the Tetro decision by the Appellate Division demonstrates.

In Tetro, the Appellate Division affirmed the appointing authority’s rejection of the terms of the settlement of a disciplinary action previously agreed to by the employee and impose a harsher penalty -- termination -- upon the individual.

Anthony Tetro, a New York City police officer, was dismissed from his position after he was found guilty of giving “false testimony at the criminal trial of a former police officer.”

Tetro testified that his partner discovered a gun in their patrol car while he was removing a prisoner from the vehicle.

The evidence showed that Tetro and his partner failed to check underneath the back seat of the patrol car and that other police officers later found the weapon.

Tetro had “negotiated a plea agreement” in order to settle the disciplinary charges filed against him but the Commissioner rejected it and decided that the appropriate penalty to impose was dismissal from the department.

The Appellate Division ruled that Tetro’s “contract rights were not violated” when the Commissioner declined to accept the settlement agreement and imposed a different penalty. The court cited Silverman v McGuire, 51 NY2d 228, in support of its ruling.

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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.