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Incumbent serving a term appointment not reappointed for a succeeding term serves as a ?holdover? until replaced or terminated from the position

Incumbent serving a term appointment not reappointed for a succeeding term serves as a ?holdover? until replaced or terminated from the position
Slagle v Keeney, 2010 NY Slip Op 04004, Decided on May 7, 2010, Appellate Division, Fourth Department

Richard E. Slagle sued the Village of Celoron contending that he was wrongful termination of his employment as a Village Code Enforcement Officer in August 2009.

The Village appealed Supreme Court's rejection of its motion to dismiss Slagle?s petition.

The Appellate Division commenced its review of the Village's appeal by noting that the position in question, Code Enforcement Officer, was filled by means of a ?term appointment.?*

It was conceded that Slagle?s predecessor term of office ended in March 2007 and that Slagle was appointed to the position in April 2008. The question presented to the court: What was Slagle?s status when he was terminated from the position in August 2009?

If Slagle?s predecessor had been reappointed to the position in March 2007 and subsequently vacated the position, Slagle term would have been "for the balance of [the] unexpired term" of his predecessor pursuant to Village Law §3-312(3)(a), i.e., through March 2009.

If no action was taken to reappoint Slagle's predecessor in 2007, then the predecessor held the position through April 2008 in a holdover capacity until March 2008 when Slagle was appointed to the position for its remaining term -- i.e., through March 2009.

The Appellate Division cited Public Officers Law §5 which provides that "An appointment for a term shortened by reason of a predecessor holding over shall be for the residue of the term only" as its authority for this result.

Thus, regardless of the "incumbered status" position at the time of Slagle's appointment, Slagle's term of office ended in March 2009, and to the extent that he continued to serve in such office after that date, it was as a ?holdover appointee.?

Finding that Slagle was not serving in the capacity of a person reappointed to the position for a term certain, the Appellate Division concluded that his term of office ended in March 2009, prior to his termination in August 2009, and reversed the lower court?s ruling and granted the Village?s appeal.

* The Village's Local Law No. 2-1985 provides that the term of office for the position of Code Enforcement Officer is for two years.

Other statutes may provide for term appointments. For example, §15(b) of the Civil Service Law provides that "The term of office of a [county] personnel officer shall be six years." Such a personnel officer has all the powers and duties of a municipal civil service commission. The same is true with respect to "regional personnel officers" [see §15(d)].

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_04004.htm

Full post as published by New York Public Personnel Law on May 13, 2010 (boomark / email).