Labor & Employment Law

Appointing authority?s rejection of the hearing officer?s recommendation rejected

By Harvey Randall, Esq.

Appointing authority?s rejection of the hearing officer?s recommendation rejected
Matter of Christine Sequist v County of Putnam, 40 A.D.3d 1003, Appellate Division, Second Department

Christine Sequist, a bus driver, was found guilty of disciplinary charges. As to the penalty to be imposed, the disciplinary hearing officer recommended that Sequist be suspended without pay for thirty days.

Robert J. Bondi, County Executive, Putnam County, as rejected the hearing officer?s recommendation and, instead, terminated Sequist from her position.

Sequist appealed and Supreme Court annulled so much of Bondi?s disciplinary determination as rejected the recommendation of the hearing officer that Sequist be suspended from her employment as a bus driver for a period of 30 days. Supreme Court directed the County to reinstate her to her former position as a bus driver.

Putnam County appealed.

In response to the County?s appeal, the Appellate Division ruled that under the circumstances, ?the penalty of termination of the petitioner?s employment was so disproportionate to the offense committed as to be shocking to one?s sense of fairness,? citing Pell v Board of Education. of Union Free School Dist. No. 1 of Towns of Scarsdale and Mamaroneck, Westchester County, 34 NY2d 222.

The court pointed out that Sequist ?had 14 years of exemplary service as an employee of the County of Putnam with no prior disciplinary problems, and she expressed remorse for her misconduct.?

Accordingly, said the Appellate Division, Supreme Court properly granted Sequist?s petition, correctly annulling so much of the disciplinary determination that rejected the recommendation of the hearing officer and imposed the penalty of termination from her position.

For the full text of the decision go to:

http://nypublicpersonnellawarchives.blogspot.com/2007/06/appointing-authoritys-rejection-of.html

Full post as published by New York Public Personnel Law on March 20, 2008 (boomark / email).