61 N.Y.2d 708 (1984)
An arbitrator’s award in a disciplinary proceeding should be confirmed unless the arbitrator exceeded their powers; a guilty plea to a ‘violation’ under the Penal Law, as opposed to a ‘crime,’ does not trigger the forfeiture provisions of Public Officers Law § 30.
Summary
This case concerns whether an arbitrator exceeded their power by not ordering the dismissal of a New York City Transit Authority employee who pled guilty to disorderly conduct after being charged with official misconduct. The New York Court of Appeals held that the arbitrator did not exceed their power because a plea to disorderly conduct, a violation under the Penal Law, does not constitute a conviction of a crime involving a violation of oath of office under Public Officers Law § 30, which would mandate forfeiture of public office. The court emphasized the distinction between a ‘violation’ and a ‘crime’ as defined in the Penal Law.
Facts
A New York City Transit Authority employee (petitioner) was found guilty by an arbitrator of releasing an impounded car without authority and filing a false report, among other charges. The petitioner was initially indicted on a charge of official misconduct (Penal Law § 195.00) but pleaded guilty to disorderly conduct (Penal Law § 240.20). Considering the petitioner’s prior good record, the arbitrator imposed a penalty of suspension without pay, resulting in a loss of salary and holiday pay.
Procedural History
Special Term held that the arbitrator did not exceed their powers by not ordering the employee’s discharge. The Appellate Division agreed with Special Term’s decision. The City appealed, arguing that the employee forfeited their office under Public Officers Law § 30 due to the guilty plea.
Issue(s)
Whether the arbitrator exceeded their powers by failing to order the petitioner’s discharge, given that the petitioner pleaded guilty to disorderly conduct after being indicted on a charge of official misconduct, and whether this plea triggered the forfeiture provisions of Public Officers Law § 30.
Holding
No, because disorderly conduct is classified as a ‘violation’ under the Penal Law, not a ‘crime,’ and therefore does not trigger the forfeiture provisions of Public Officers Law § 30, which requires a conviction of a felony or a crime involving a violation of the oath of office.
Court’s Reasoning
The court’s reasoning centered on the interpretation of Public Officers Law § 30 (subd 1, par e), which states that a public office becomes vacant upon a public officer’s conviction of a felony or a crime involving a violation of their oath of office. The court emphasized that the definition of a ‘crime’ is determined by the Penal Law. According to Penal Law § 10.00, a ‘crime’ is defined as a misdemeanor or a felony, explicitly distinguishing it from a ‘violation.’ Since disorderly conduct is classified as a ‘violation’ under Penal Law § 240.20, it does not qualify as a ‘crime’ under Public Officers Law § 30.
The court further reasoned that even though the petitioner was initially accused of acts violating their oath of office, they were only convicted of disorderly conduct. None of the acts falling within the definition of disorderly conduct are directly connected to a violation of the oath of office. The court acknowledged the practice of plea bargaining but reiterated that the forfeiture provision of Public Officers Law § 30 is triggered only by a ‘conviction’ of a crime, not a mere accusation or a plea to a violation. The court stated, “what triggers the forfeiture provision of section 30 is only a ‘conviction’. Though a guilty plea is a ‘conviction’ under that section, petitioner’s plea was to a violation rather than to a crime.”