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

November 23, 2011

Employer rejects disciplinary hearing officer's recommendation as to the penalty to be imposed


Employer rejects disciplinary hearing officer's recommendation as to the penalty to be imposed
Matter of Stanziale, 77 A.D.2d 600

An employee not entitled to notice and hearing pursuant to §75 of the Civil Service Law was terminated because of an incident that took place while at work.

He then was able to get a court order directing that the employer provide him with an opportunity to refute the allegations that resulted in his dismissal. A hearing was held and the hearing officer recommended that the penalty to be imposed be a six-month suspension without pay.

The appointing officer declined to follow the recommendation of the hearing officer and dismissed the employee, again. The employee went back to court and obtained an order directing his reinstatement on the grounds that the decision of the appointing officer was arbitrary and capricious.

Ultimately the Appellate Division ruled that although the employee was not entitled to a hearing under the Civil Service Law or the controlling collective bargaining agreement, as the basis for dismissal was of a stigmatizing nature, he was entitled to due process.

However, that was the extent of the relief to which Stanziale was entitled. As there was a rational basis for the appointing officer rejecting the recommendation of the hearing officer and dismissing the employee for the offense, the court held that the termination was neither arbitrary nor capricious and was made in good faith.

This case appears to be one of a number decided in recent years where a person not entitled to a hearing as a matter of law or contract can demand one if dismissed for what a court would view as reasons tending to stigmatize the individual.

However, if the terminated employee is vindicated as the result of a “name clearing” hearing a court may direct that the individual be reinstated where it finds that the appointing authority’s  decision to remove the employee, or possibly even the implementation of a lesser penalty, was arbitrary.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these 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