New York Public Personnel Law: Tenured employee alleged to have violated the jurisdictions residence requirement is entitled to administrative due process prior to his or her dismissal from the position

December 29, 2011

Tenured employee alleged to have violated the jurisdictions residence requirement is entitled to administrative due process prior to his or her dismissal from the position

Tenured employee alleged to have violated the jurisdictions residence requirement is entitled to administrative due process prior to his or her dismissal from the position

Matter of Tanner, 88 A.D.2d 661

An employee was absent for four months from her job. When she attempted to return, she was told her employment was terminated.

Two weeks later she was served with charges of misconduct pursuant to Section 75 of the Civil Service Law. No hearing was held, however, as the employee was notified she had violated a county ordinance which prohibited a county employee from residing outside the county.

Tanner was also told she was not entitled to a hearing on the question her violation of the residency requirement. When she sued the Appellate Division said that Nassau County was required to reinstate her to her former postion and, further, ordered the County to pay Tanner more than three years of back salary (less other earnings).

The Appellate Division explained that although a municipality may require employees to live within the boundaries of the jurisdiction (see, for example, Section 30, Public Officers Law), it may not, without a hearing pursuant to Section 75 of the Civil Service Law (or its contract equivalent), terminate a tenured employee who violates the residency requirement,

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.

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.