Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

State Civil Service Commission?s action placing certain competitive class positions in the noncompetitive class annulled

State Civil Service Commission?s action placing certain competitive class positions in the noncompetitive class annulled
Matter of Brynien v New York State Dept. of Civil Service, 2009 NY Slip Op 31656(U), July 25, 2009 Supreme Court, Albany County, Docket Number: 2144/09, Judge: Joseph C. Teresi [Not selected for official publication.]

Kenneth Brynien, as President of the New York State Public Employees Federation, AFL-CIO, sued the New York State Civil Service Commission after Commission jurisdictionally reclassified* 29 civil service titles then in the competitive class to the non-competitive class. Some 1700 certified medical professional titles, including physicians, psychiatrists, dentists and veterinarians, were so jurisdictionally reclassified, together with a substantial number of vacant professional positions.

The Civil Service Commission?s rationale: the existing ?rating of training and experience examination? was ?redundant due to the licensing and certification requirements for medical professionals? as they had already satisfied ?rigorous licensing and certification examinations and requirements and that the existing [civil service] examination process resulted in delays in hiring professionals, making it more difficult for the State to compete with the private sector for qualified employees in medical fields.?**

Judge Teresi, citing Article V, §6, of the New York State Constitution, ruled against the Commission, noting that ?there is a significant constitutional preference for competitive classification.? Indeed, said the court, "Exemption is the exception and is constitutionally permissible only when it is established that a competitive examination is not practicable."***

The court rejected the Commission?s claim that an examination consisting of a rating of training and experience is of little value in ascertaining the merit and fitness of candidates for employment in the medical professions as having ?no factual basis and is inconsistent with longstanding administrative policy and published job descriptions.?

Judge Teresi that granted PEF?s petition, vacating the Commission?s action jurisdictionally reclassifying the 29 titles involved from competitive class to non-competitive class.

* Jurisdictional classification and jurisdictional reclassification involve determinations placing positions in the classified service in the competitive, exempt, noncompetitive or labor classes [Section 2.10, Civil Service Law]. In contrast, position classification involves the evaluation of the duties and responsibilities of a position and placing it in a group of positions with a common and descriptive title [Section 2.11, Civil Service Law]. Positions in the unclassified service consist essentially of those encumbered by elected officials, department heads and educators, and are described in Section 35 of the Civil Service Law.

** Judge Teresi noted that ?denial of the [PEF] petition would be likely to have broad implications, justifying the jurisdictional reclassification of essentially all licensed and certified professionals [currently serving in the competitive class] in the civil service of this State,? such as professional engineers, architects and lawyers.

*** All position in the classified service of the State and its political subdivision are automatically in the competitive class unless place in a different jurisdictional class by the civil service commission having jurisdiction or by statute. In the event a local commission or personnel officer promulgates a rule placing a position in a jurisdictional class other than the competitive class, such action is subject to the approval of the State Civil Service Commission.

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/pdfs/2009/2009_31656.pdf

Full post as published by New York Public Personnel Law on July 30, 2009 (boomark / email).