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Certificate of relief from civil disabilities

By Harvey Randall, Esq.

Certificate of relief from civil disabilities
Informal Opinions of the Attorney General, 98-50

Every so often an individual seeking a position in the public service who has been convicted of a crime presents a Certificate of Relief from Civil Disabilities issued pursuant to Section 701 of the Corrections Law in connection with his or her application for appointment.

Such an individual is not automatically disqualified for employment in the public service except as a public officer.[1] However, while such a certificate removes all statutory disability and bars, except with respect to holding public office, a judicial, administrative, licensing or other body may rely upon the conviction in exercising its discretionary power in making its determination.

The informal opinion notes that ?[C]ourts have repeatedly upheld a discretionary body?s denial or forfeiture of a right ... after an examination ... of the facts and circumstances surrounding a felony conviction, despite the issuance of a certificate of relief from civil disabilities....?

When asked about the appointment of an individual convicted of arson holding such a certificate to the position of volunteer firefighter, the Attorney General advised Gordon Heights Fire District?s attorney, William F. Glass, Jr., that:

1. A person convicted of arson is ineligible to become a volunteer firefighter but if he or she has an unrestricted Certificate of Relief from Civil Disabilities, he or she may be refused such membership at the discretion of the company or fire district commissioners based on the facts surrounding the conviction for arson.

2. A person convicted of arson cannot serve as a public officer, as a Certificate of Relief from [Civil] Disabilities does not apply in situations involving holding ?public office.? Such a conviction automatically disqualifies the individual from holding the position of fire commission, a public office, as set out in Section 174.5 of the Town Law.

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[1] While not all public employees are public officers, all public officers are public employees.

Full post as published by New York Public Personnel Law on January 11, 2008 (boomark / email).