Matter of Dempsey v. New York City Department of Education, No. 59 (2015)

When considering an applicant’s criminal history, the New York City Department of Education (DOE) must evaluate all eight factors under Correction Law § 753 to determine whether an applicant’s past criminal history precludes them from employment.

Summary

This case concerned Luther Dempsey, whose application for a school bus driver certification was denied by the DOE due to his past felony convictions. Despite having a certificate of relief from disabilities and 15 years of experience driving school buses, the DOE denied his application, citing a “direct relationship” between his offenses and the job. The Court of Appeals affirmed the Appellate Division’s decision, upholding the DOE’s denial, finding that the DOE had considered the relevant factors under Correction Law § 753. The court emphasized that while a certificate of relief from disabilities creates a presumption of rehabilitation, it is only one of eight factors to be considered. The court determined the DOE was not arbitrary or capricious in its decision.

Facts

• Luther Dempsey applied to the DOE for school bus driver certification in 2006.
• He disclosed two 1990 drug-related felony convictions and three theft-related misdemeanors, the most recent in 1993.
• Dempsey explained his past drug addiction was overcome by a drug treatment program in the mid-1990s.
• The DOE denied Dempsey’s application in July 2006, citing his criminal convictions.
• Dempsey was terminated by the bus company, resulting in his employment loss.
• After a prior court order, Dempsey submitted additional documents to the DOE, including letters of recommendation and a certificate of relief from disabilities (2002).
• The DOE again denied his application in March 2011, citing his unsuitability for the position.

Procedural History

• Supreme Court dismissed the initial article 78 proceeding, but the Appellate Division modified the judgment, giving applicants an opportunity to review the information DOE used.
• After additional documentation, the DOE again denied Dempsey’s application.
• Dempsey commenced a CPLR article 78 proceeding, arguing the denial was arbitrary and capricious and violated several laws.
• Supreme Court granted Dempsey’s petition, ordering the DOE to approve his application.
• The Appellate Division reversed Supreme Court’s judgment, denying the petition.
• The Appellate Division granted Dempsey leave to appeal to the Court of Appeals.
• The Court of Appeals affirmed the Appellate Division’s decision.

Issue(s)

1. Whether the DOE’s denial of Dempsey’s application for school bus driver certification was arbitrary and capricious.
2. Whether the DOE properly considered the factors outlined in Correction Law § 753 when denying Dempsey’s application.

Holding

1. No, because the DOE’s decision was not arbitrary or capricious as it considered the necessary factors.
2. Yes, because the DOE considered the factors outlined in Correction Law § 753 when denying Dempsey’s application.

Court’s Reasoning

The court applied Article 23-A of the Correction Law, which protects individuals with prior convictions from unfair discrimination in employment. The law allows denial of employment if there’s a “direct relationship” between the offense and the job or if the employment poses an “unreasonable risk” to safety (Correction Law § 752). The court reiterated the requirement, per Correction Law § 753, for public agencies to consider eight specific factors when evaluating an applicant’s criminal history. The Court distinguished this case from Matter of Acosta v. New York City Dept. of Educ., 16 N.Y.3d 309 (2011), emphasizing that the DOE had considered Dempsey’s employment history and the nature of his criminal convictions. The court noted that the DOE had not simply ignored Dempsey’s provided documentation and that the DOE had not violated Correction Law § 753. Although Dempsey held a certificate of relief from disabilities, the court stated that this only created a presumption of rehabilitation and did not guarantee employment. The court emphasized that the DOE, given its regulatory concerns about controlled substances, was justified in denying the certification.

Practical Implications

• This case reinforces the importance of the eight-factor analysis under Correction Law § 753. Employers and agencies must consider all factors to avoid being deemed arbitrary and capricious.
• Agencies are not required to create a contemporaneous record demonstrating they considered each factor, but the record must reflect a rational basis for the decision.
• The case underscores that a certificate of relief from disabilities is a factor in the decision but does not guarantee employment.
• The decision highlights that the nature of the criminal offense, particularly when directly relevant to the job’s responsibilities, can justify a denial despite other evidence of rehabilitation.

Meta Description

This case clarifies how employers in New York should apply the Correction Law when evaluating job applicants with criminal histories, emphasizing the need to consider all relevant factors and the impact of prior offenses on job suitability.

Tags

Dempsey, New York Court of Appeals, 2015, Correction Law, Criminal History, School Bus Driver, Employment Discrimination