Matter of Trotta v. New York City Housing Authority, 51 N.Y.2d 828 (1980)
Judicial review of administrative agency sanctions is limited to determining whether the penalty is so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness.
Summary
Trotta, a NYC Housing Authority Police Department employee, was dismissed after it was discovered he was working at his service station while on sick leave, violating Housing Authority regulations. Although the hearing officer recommended a two-month suspension, the Authority opted for dismissal. The Appellate Division modified this to a suspension and ordered reinstatement. The Court of Appeals reversed, holding that dismissal was not disproportionate to the offense, considering Trotta’s knowing and continuous violation of regulations. The court emphasized that judicial review of administrative sanctions is limited to instances where the penalty shocks the conscience.
Facts
Trotta was an employee of the New York City Housing Authority Police Department. While on sick leave from the police force, Trotta was simultaneously working at a service station he owned. Housing Authority regulations required officers to obtain prior permission to leave their “place of confinement” while on sick leave and to engage in secondary employment. Trotta was aware of these regulations but violated them.
Procedural History
The New York City Housing Authority determined that dismissal was the proper sanction for Trotta’s misconduct. Trotta then brought an Article 78 proceeding, which was transferred to the Appellate Division. The Appellate Division modified the agency’s determination, reducing the penalty to a two-month suspension without pay and ordering Trotta’s reinstatement. The case was remanded to Special Term for a hearing on back pay. After a judgment based on a stipulation regarding back pay, the Housing Authority appealed, challenging the Appellate Division’s prior order.
Issue(s)
Whether the penalty of dismissal imposed by the New York City Housing Authority was so disproportionate to Trotta’s offense as to shock the conscience of the court, thereby warranting judicial modification of the sanction.
Holding
No, because the penalty of dismissal was not so disproportionate to Trotta’s offenses as to mandate modification, given his knowing and intentional violation of the Housing Authority’s regulations.
Court’s Reasoning
The Court of Appeals reiterated the established standard for judicial review of administrative sanctions, citing Matter of Harris v. Mechanicville Cent. School Dist., stating that revision is only permissible “when the sanction is, under the circumstances, so disproportionate to the offense as to ‘shock the conscience of the court’”. The court emphasized that Trotta knowingly violated the Housing Authority’s regulations over an extended period. It found no abuse of discretion by the agency in imposing the penalty of dismissal, given Trotta’s continuing and intentional violation of those rules. The court deferred to the agency’s determination, stating that “it cannot be said, as a matter of law, that the agency abused its discretion by dismissing the petitioner”. The court thus reversed the Appellate Division’s modification and reinstated the Housing Authority’s original determination.