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

April 12, 2016

Civil Service Law §75 requires that a hearing officer appointed to conduct a disciplinary hearing be so designated in writing by the appointing authority


Civil Service Law §75 requires that a hearing officer appointed to conduct a disciplinary hearing be so designated in writing by the appointing authority
Stapleton v Ponte, 2016 NY Slip Op 02658, Appellate Division, Second Department

The Commissioner of the New York City Department of Correction, adopting and rejecting parts of the recommendation of an Administrative Law Judge [ALJ] following a hearing conducted pursuant to Civil Service Law §75, found Kadar Stapleton guilty of using excessive force upon an inmate and terminated his employment.

Supreme Court denied Stapleton’s CPLR Article 78 petition challenging the Commissioner’s determination and he appealed.

There was but one issue Stapleton raised in his appeal for the Appellate Division to consider: Did the Administrative Law Judge have the lawful authority and jurisdiction to conduct his §75 disciplinary hearing and “make findings and a recommendation?”

The Appellate Division, noting that Civil Service Law §75 governed the disciplinary proceeding at issue in this case, explained that §75 requires that "[t]he hearing upon such charges shall be held by the officer or body having the power to remove the person against whom such charges are preferred, or by a deputy or other person designated by such officer or body in writing for that purpose."

Further, said the court, the failure to designate a hearing officer for a disciplinary hearing in writing, as required by Civil Service Law §75(2), “is a jurisdictional defect that renders the hearing officer's determination null and void.”

In this instance, however, the Appellate Division found that Supreme Court had correctly determined that the ALJ had been properly designated to conduct Stapleton’s §75 disciplinary hearing and to make findings of fact. Further, were the ALJ to find Stapleton guilty of one or more of the charges filed against him, the ALJ was properly authorized to make a recommendation as to the penalty to be imposed.

As the Appellate Division found that Supreme Court properly denied Stapleton’s petition and dismissed the Article 78 proceeding, the court dismissed his appeal.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_02658.htm

______________________ 


The Discipline Book - A 458 page guide focusing on New York State laws, rules, regulations,  disciplinary grievances procedures set out in collective bargaining agreements and selected court and administrative decisions concerning disciplinary actions involving state and municipal public officers and employees. For more information click on http://booklocker.com/5215.html
______________________ 


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