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Decision to terminate a probationer based on supervisors? reports

By Harvey Randall, Esq.

Decision to terminate a probationer based on supervisors? reports
Matter of Dorothy H. Bonanno v Nassau County Civil Service Commission
2008 NY Slip Op 30754(U) March 5, 2008 Supreme Court, Nassau County Docket Number: 2549-07, Judge Kenneth A. Davis

In this Article 78 Dorothy H. Bonanno asked the court to direct the Nassau County Civil Service Commission to reinstate her as a Personnel Specialist with the Commission with back pay and benefits because her supervisor had not signed her unsatisfactory probationary report. Essentially Bonanno claimed that the individual who signed her unsatisfactory probation report was not her superior and thus he was unqualified make that decision as he had not observed her work performance. In the words of Judge Kenneth A. Davis, ?In short she asserts that since the probationary report was not prepared and signed by the petitioner supervisor then the probationary report is a nullity.?

Rejecting Bonanno?s argument, Judge Davis held that the record supported the Commission?s claim that the decision to terminate Bonanno was rationally based on her failure to satisfactorily perform her job as demonstrated by affidavits by two of her supervisors, Michael Figliolia and Greg Stoeber, that her work was unsatisfactory.

Citing Engoren v County of Nassau, 163 AD2d 520, the decision indicates that The termination employment probationary employee without a statement or a hearing must be upheld unless there is a demonstration that the dismissal was violative of the Constitution, illegal or made in bad faith. The facts in Bonanno indicate that the Probation Report was signed by the Commission?s Executive Director based on the information provided by Bonanno?s direct supervisors. Noting that in Abbondandolo v Edwards, 174 AD2d 737, the Appellate Division held that the fact that " the City of Glen Cove Police Department, in making its determination, relied on the reports and opinions of those who actually supervised Abbondandolo, is not evidence of bad faith or that the determination was arbitrary and capricious,? Judge Davis decided that the Commission?s determination to dismiss Bonanno for failing to satisfactorily complete her probationary period was neither arbitrary nor capricious, but, rather, ?made on a rational basis, to wit: petitioner s unsatisfactory performance rating.?

Full post as published by New York Public Personnel Law on March 31, 2008 (boomark / email).