In the Matter of Jessica Walker v. City of New York
Attorneys and Parties
Brief Summary
Public-sector employment; civil service tenure and pre-termination hearing rights for employees in non-competitive titles at the New York City Department of Correction (DOC).
Supreme Court, New York County, partially granted the Article 78 petition, annulled DOC’s termination determination, reinstated petitioner, but denied backpay.
The reinstatement and partial grant of the Article 78 petition were reversed; the petition was denied and the proceeding dismissed.
Even assuming petitioner had completed probation, she served in a non-competitive title for less than five years and therefore had no right to a pretermination hearing under Civil Service Law § 75(1)(c) [affords tenure protections to employees serving in non-competitive titles only once they have completed at least five years of continuous service]. Without a violation of § 75, there is no basis for reinstatement with backpay (see Civil Service Law § 77 [authorizes backpay upon reinstatement when removal was unlawful]).
Background
Jessica Walker began employment with the New York City Department of Correction (DOC) in a non-competitive title on January 17, 2023. DOC terminated her employment effective November 6, 2023, without notice or a hearing. The parties disputed whether Walker had completed her probationary period at the time of discharge. She commenced a Civil Practice Law and Rules (CPLR) Article 78 proceeding challenging the termination, seeking annulment, reinstatement, and backpay.
Lower Court Decision
Supreme Court, New York County (Bluth, J.) entered judgment on September 17, 2024, granting the petition in part by annulling DOC’s determination and reinstating Walker, but denying her request for backpay.
Appellate Division Reversal
The Appellate Division, First Department unanimously modified on the law to deny the petition and dismiss the CPLR article 78 proceeding [special proceeding to challenge administrative action], and otherwise affirmed without costs. The Court held it need not decide whether petitioner completed probation because, regardless, she lacked Civil Service Law § 75(1)(c) tenure protections absent five years of continuous service; thus no pretermination hearing was required, and there was no basis for reinstatement or backpay.
Legal Significance
Confirms in the First Department that completion of a probationary period does not alone confer Civil Service Law § 75(1)(c) protections on non-competitive class employees; such protections arise only after five years of continuous service. Reliance on Genesky v Local 1000 and Matter of Voorhis underscores uniform application of the five-year rule for non-competitive titles.
Non-competitive class employees of New York City agencies, including DOC, who have not completed five years of continuous service are not entitled to a Civil Service Law § 75 pretermination hearing; Article 78 challenges seeking reinstatement and backpay will fail absent a statutory tenure right.