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The 30-day suspension without pay limitation set Civil Service Law §75 controls unless the employee is the cause of a delay in the proceeding

The 30-day suspension without pay limitation set Civil Service Law §75 controls unless the employee is the cause of a delay in the proceeding
Matter of Ruggiero v McGrane, 2009 NY Slip Op 06026, Decided on July 28, 2009, Appellate Division, Second Department

Jean-Ann McGrane, Poughkeepsie?s City Manager, sustained the finding that that Paul Ruggiero was guilty of certain charges of misconduct. The penalty imposed: dismissal from his employment with the City.

In response to Ruggiero?s challenging the City Manager?s determination, the Appellate Division confirmed the determination, holding that [1] it was supported by substantial evidence and [2] penalty imposed was not so disproportionate to the offense as to be shocking to one's sense of fairness.

However, said the court, Ruggiero was entitled to back pay for part of the time he was suspended without pay.

Noting that Section 75 of the Civil Service Law only permits an individual subject to its provisions to be suspended without pay for a maximum of 30 days without pay pending resolution of the disciplinary charges,* the court said that Ruggiero was ?entitled to back pay for the period he was suspended without pay in excess of 30 days, excluding any delay occasioned by him.?

As to such delay caused by the employee, the general rule is that the 30-day limitation is increased for a period equal in length to the employee-generated delay. In contrast, delays in the proceeding caused by the employer do not affect the 30-day maximum suspension without pay limit set out in Civil Service Law §75.3.

* Section 75.3 of the Civil Service Law provides that ?pending the hearing and determination of charges of incompetency or misconduct, the officer or employee against whom such charges have been preferred may be suspended without pay for a period not exceeding thirty days.? Many collective bargaining agreements provide a similar limitation while a few agreements negotiated pursuant to the Taylor Law permit the suspension of the employee against whom disciplinary charges have been filed without limitation in some instances.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06026.htm

Full post as published by New York Public Personnel Law on August 12, 2009 (boomark / email).