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