Matter of Smith v. Dutchess County BOCES, 67 N.Y.2d 579 (1986)
r
r
A demotion within the meaning of Civil Service Law § 75(3), requiring a hearing, refers specifically to a demotion in civil service grade and title, or another disciplinary penalty enumerated within the statute, not merely a change in functional title or responsibilities.
r
r
Summary
r
Smith, a Director of Continuing Services, also held the functional title of Division Head of Continuing Services. He was removed from the Division Head position, which carried no additional salary or benefits, without a hearing, though he retained his civil service title and grade. Smith argued this was a demotion requiring a hearing under Civil Service Law § 75. The Court of Appeals reversed the lower court’s decision, holding that because Smith’s civil service grade and title remained unchanged, and he wasn’t subjected to another disciplinary penalty listed in § 75, no hearing was required, even though his duties were reduced.
r
r
Facts
r
Smith was appointed Director of Continuing Services, a permanent civil service position. He subsequently received the functional title of Division Head of Continuing Services, an intradepartmental title created for administrative purposes. The duties of both positions were substantially similar, and the Division Head title offered no extra compensation. Smith was later removed from the Division Head position without a hearing but retained his original civil service title and grade, although most of his duties and responsibilities were removed.
r
r
Procedural History
r
Smith filed an Article 78 proceeding seeking reinstatement to the Division Head position. Special Term granted the petition, finding the removal a demotion without a hearing in violation of Civil Service Law § 75. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.
r
r
Issue(s)
r
Whether the removal of a public employee from a functional title, without a reduction in civil service grade or title, and without the imposition of another disciplinary penalty enumerated in Civil Service Law § 75, constitutes a “demotion” requiring a hearing under Civil Service Law § 75(3).
r
r
Holding
r
No, because Civil Service Law § 75(3) defines a demotion as a