Matter of Bell v. County of Nassau, 61 N.Y.2d 283 (1984)
Performing out-of-title duties does not create a right to reclassification to a new position involving those duties, even when a statute provides a mechanism for incumbents of a position to gain permanent competitive class status.
Summary
Petitioners sought permanent competitive class status as principal office assistants based on having performed the duties of that position for a year, pursuant to Chapter 846 of the Laws of 1980. They conceded they were never provisionally appointed and their work was out of title. The Supreme Court granted their petition, but the Appellate Division reversed. The Court of Appeals affirmed the Appellate Division’s decision, holding that performing out-of-title duties does not create a right to reclassification, and the statute’s language focused on “incumbents” of a position, not those merely performing its duties.
Facts
Petitioners, employees of Nassau County, performed the duties of principal office assistants for at least one year prior to July 1, 1980. They were never provisionally appointed to the position of principal office assistant. Their work as principal office assistants was considered “out of title,” meaning they were performing duties outside of their official job classification. They sought to be appointed to the position of Principal Office Assistant retroactively based on Chapter 846 of the Laws of 1980, which applied to Nassau and Suffolk Counties.
Procedural History
The petitioners filed a petition in Supreme Court seeking appointment to the position of principal office assistant. The Supreme Court granted the petition. The Appellate Division reversed the Supreme Court’s decision and dismissed the petition on the merits. The petitioners appealed to the New York Court of Appeals.
Issue(s)
Whether Chapter 846 of the Laws of 1980 entitles employees who performed out-of-title duties of a position for one year to permanent competitive class status in that position, even if they were never provisionally appointed to it.
Holding
No, because the statute’s language and intent focus on “incumbents” of a position, meaning those officially appointed or designated to the role, and not individuals merely performing the duties of that role out of title.
Court’s Reasoning
The court emphasized that Chapter 846 consistently refers to positions “provisionally filled,” “present incumbents,” and “incumbents occupying positions.” The statute’s operative provisions are geared towards individuals officially holding a position, not those merely performing its duties. The court relied on the established principle that performing out-of-title duties does not create a right to reclassification. The Court quoted Matter of Gavigan v. McCoy, 37 NY2d 548, 550-551, stating “that the performance of out-of-title duties creates no right to reclassification to a new position involving those duties”. The court refused to interpret Chapter 846 as overturning this well-established rule without a much clearer statement of legislative intent. The court reasoned that the legislature would need to explicitly state its intent to counter this established rule, and no such explicit statement existed within Chapter 846.