Matter of Grossman v. Rankin, 43 N.Y.2d 493 (1977)
When there is a reasonable basis for differing opinions among intelligent and conscientious officials regarding the proper classification of a civil service position, courts should defer to the Civil Service Commission’s classification decision, unless the position is clearly subject to competitive examination.
Summary
This case addresses a challenge by attorneys in New York City’s Law Department to the exempt classification of Assistant Corporation Counsel positions. The plaintiffs, competitive class attorneys, argued that the exempt classification violated the state constitution and civil service laws. The Court of Appeals held that the Civil Service Commission’s classification was proper, emphasizing that courts should defer to the commission’s judgment when there is a reasonable basis for its decision, unless the position is clearly subject to competitive examination. The Court found that the petitioners failed to demonstrate that competitive examinations were practicable for all Assistant Corporation Counsel positions.
Facts
An attorney employed by the Law Department of the City of New York, along with intervenors, challenged the classification of approximately 100 Assistant Corporation Counsel positions as exempt from competitive civil service examinations. They argued that many of these attorneys performed similar work to those in the competitive class and that the exempt classification violated the state constitution and civil service laws. The litigation focused on 16 specific positions.
Procedural History
The trial court upheld the commission’s classification for 13 of the 16 positions but found that 3 positions were improperly classified as exempt and remitted the matter to the Civil Service Commission for reclassification. The Appellate Division modified the trial court’s decision, holding that there was a rational basis for the commission’s determination that all subject exempt class positions were proper. The New York Court of Appeals then reviewed the Appellate Division’s ruling.
Issue(s)
Whether the Civil Service Commission properly classified certain Assistant Corporation Counsel positions in New York City’s Law Department as exempt from competitive examination under the New York Constitution and Civil Service Law.
Holding
Yes, because where there is a fair and reasonable ground for difference of opinion among intelligent and conscientious officials, the action of the commission should stand, even though the courts may differ from the commission as to the wisdom of the classification.
Court’s Reasoning
The court emphasized the limited scope of judicial review of civil service classifications, citing People ex rel. Schau v. McWilliams, 185 N.Y. 92, 99 (1906): “If the position is clearly one properly subject to competitive examination, the commissioners may be compelled to so classify it… But where the position is one, as to the proper mode of filling which there is fair and reasonable ground for difference of opinion among intelligent and conscientious officials, the action of the commission should stand, even though the courts may differ from the commission as to the wisdom of the classification.” The court noted that it should not substitute its judgment for that of the commission where an argument can be made for either classification and where there is a substantial variance of opinion. The court rejected the petitioners’ argument that because some competitive class attorneys perform the same functions as those in the exempt class, all competitive class attorneys possess the qualities desired in the position of Assistant Corporation Counsel. The court also noted that attorneys employed by District Attorneys and United States Attorneys are typically classified as exempt, which further supported the reasonableness of the commission’s decision. The court found no adequate showing that the assistants were authorized to act generally for or in place of the Corporation Counsel so as to allow classification as deputies. The Court remitted the matter to Trial Term to consider whether the other positions of Assistant Corporation Counsel were properly classified.