Determining the status and rights of an employee in the public service terminated from his or her employment
The employee organization representing Hanson filed grievances upon his behalf alleging that that Hanson was improperly denied an exit interview and that his termination was without just cause. The County's Board of Supervisors, however, denied both grievances, and a subsequent demand to arbitrate those grievances was withdrawn by the employee organization.
Neither §80 nor §80-a set the date on which the individual initially attained "tenure" as the relevant date in determining his or her seniority for the purposes of layoff.
* Although Schoharie County Civil Service Rule XIII (1)(e) provides that "[a]n appointment shall become permanent upon the retention of the probationer after his/her completion of the maximum period of probation or upon earlier written notice following completion of the minimum period of probation that his/her probationary term is successfully completed," it would be more accurate were the rule to read “shall become tenured in the position upon the retention of the probationer after his/her completion of the maximum period of probation” [emphasis supplied]. An individual appointed to an unencumbered position in the competitive class from an eligible list holds a “permanent status” on the effective dates of his or her appointment, subject to attaining tenure in the position upon satisfactory completion of his or her probationary period. See, also, Snyder v Civil Service Commission, 75 NY2d 981, which addresses the tenure status of a person upon his or her "contingent permanent appointment" to a position in the competitive class.
** Except where a probationary employee attains tenure by estoppel or "acquisition," or a provision of law addressing the right of an individual to continue to hold tenure upon the jurisdictional reclassification of he or her position [See for example: Fornara v Schroeder, 261 NY 363, Education Law §365-a.10(a) and Civil Service Law §45], specific action by the appointing authority granting tenure to the probationary employee prior the competition of his or her maximum period of probation is required.
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