An administrative hearing in §50.4 termination proceeding is not required
An administrative hearing in §50.4 termination proceeding is not required
55 NY2d 101
The Wayne County Civil Service Commission disqualified an employee and removed him from his position as police officer with the Village of Palmyra pursuant to §50.4 of the Civil Service Law. The Commission had determined that the police officer had “intentionally made false statements of material facts in his application or (had) attempted to practice (a) deception or fraud in his application”. The employee sued, claiming he could not be removed from the position without a hearing.
The Court of Appeals rejected the police officer’s argument, stating that §50.4 “requires no more than that the person be given a written statement of the reasons therefore and afforded an opportunity to make explanation and to submit facts in opposition to such disqualification”. No hearing is required.
The Commission had found that individual had falsified his application with respect to his experience as a police officer and concealed facts related to his separation from previous employment..
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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.
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