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

December 12, 2016

Rights of employees transferred to another jurisdiction pursuant to §70(2) of the Civil Service Law.


Rights of employees transferred to another jurisdiction pursuant to §70(2) of the Civil Service Law.

The Village of East Syracuse dissolved its police department and police officers who were formerly employed by the Village were transferred to the Town of DeWitt Police Department and placed at a salary step that was at a lower seniority level than warranted by those police officers length of service with the Village. Supreme Court concluded that the Town of DeWitthad acted arbitrarily and capriciously and directed it to award each former Village police officer seniority credit for each year of service as a Village police officer.

The Appellate Division agreed, explaining that Supreme Court had properly concluded that §70(2) of the Civil Service Law “requires [the Town] to award [the former Village police officers] full seniority credit for the time that they served as police officers in the Village.” In pertinent part, said the court, the statute mandates that "[o]fficers and employees transferred to another governmental jurisdiction pursuant to the provisions of this subdivision shall be entitled to full seniority credit for all purposes for service rendered prior to such transfer in the governmental jurisdiction from which transfer is made."

[See Civil Service Law §45 with respect to the status of employees upon acquisition of a private institution or enterprise by a New York governmental entity.] 

Barhite v Town of DeWitt, 2016 NY Slip Op 07782, Appellate Division, Fourth Department

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.
New York Public Personnel Law Blog Editor 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