Torre v. County of Nassau, 86 N.Y.2d 421 (1995)
A public employment position created by a legislative act (like a county ordinance) can only be abolished by a correlative legislative act of equal dignity, and the power to abolish such a position cannot be delegated to an administrative officer.
Summary
Torre, a Probation Attorney II in Nassau County, was terminated due to budget cuts. His position was originally created by a county ordinance. The County argued that the 1992 budget ordinance, which included a lump-sum salary reduction for the Probation Department, authorized the department head to eliminate positions. Torre sued, arguing his position could only be abolished by a correlative county ordinance and that the Board of Supervisors improperly delegated its authority. The New York Court of Appeals held that the Board of Supervisors violated the doctrine of legislative equivalency by delegating the authority to abolish Torre’s position, reversing the Appellate Division’s decision and reinstating the Supreme Court’s judgment, but limiting back pay and benefits to the 1992 budget year.
Facts
Torre was a Probation Attorney II, a position created by Nassau County ordinance. In 1991, Nassau County faced a significant budget deficit. To avoid tax increases, the Board of Supervisors sought to reduce payroll appropriations. The 1992 budget listed Torre’s position and salary but also included a lump-sum salary reduction for the Probation Department. The County argued the 1992 budget ordinance delegated authority to the Probation Department Director, through the County Executive, to allocate salary reductions and eliminate positions. Torre was terminated in February 1992 due to these budget cuts.
Procedural History
Torre sued to regain his job. The Supreme Court, Suffolk County, granted his petition, ordering reinstatement with back pay and benefits. The Appellate Division reversed, holding that the Board authorized the abolition of Torre’s position by directing the department head to reduce the budget and effectuate layoffs. The New York Court of Appeals granted leave to appeal and reversed the Appellate Division, reinstating the Supreme Court judgment but limiting back pay and benefits to the 1992 budget year.
Issue(s)
Whether the Nassau County Board of Supervisors violated the doctrine of legislative equivalency by delegating the authority to abolish a position of employment originally created by County ordinance to the County Executive and, subsequently, to the agency head.
Holding
Yes, because under the Nassau County Charter and the doctrine of legislative equivalency, a position created by ordinance can only be abolished by an equivalent ordinance, and the Board of Supervisors cannot delegate this power, especially where the County Charter expressly prohibits delegating duties that must be performed by ordinance.
Court’s Reasoning
The Court of Appeals relied on the doctrine of legislative equivalency, which requires that a position created by a legislative act can only be abolished by a correlative legislative act. The court emphasized that the Nassau County Charter designates the Board of Supervisors as the governing body and grants it the power to create and abolish positions. The court found that the Board created Torre’s position through a county ordinance by adopting the budget with a salary line for Probation Attorney II. The Court stated, “To repeal or modify a statute requires a legislative act of equal dignity and import.”
The Court rejected the County’s argument that the 1992 budget, combined with the Charter, authorized the County Executive to pinpoint positions for elimination, finding this created an “ambiguous and uncertain state of authority” and ran afoul of the impermissible delegation.
Nassau County Charter § 204 prohibits the Board from delegating to the County Executive a duty “which it must exercise or perform by ordinance.” The court reasoned that because the Board created Torre’s position by ordinance, it could only abolish it by ordinance. Therefore, the Board could not delegate this power to the County Executive. The court highlighted that the purported delegation was “twice removed from the singular entity charged by law with explicitly executing its heavy impact affecting public employees’ livelihoods.”
The Court distinguished Matter of Brayer v Lapple (58 AD2d 1020, affd 44 NY2d 741), limiting Torre’s back pay and benefits to the 1992 budget year because Torre’s job was undeniably eliminated as of 1993.