Lazzari v. Town of Eastchester, 20 N.Y.3d 217 (2012)
When a civil service commission directs a municipal employer to reinstate an employee under Civil Service Law § 71 based on a medical officer’s determination of fitness, the employer must immediately reinstate the employee, and any challenge to that determination must be made through a CPLR Article 78 proceeding.
Summary
This case concerns a dispute between the Town of Eastchester and Westchester County over the reinstatement of a town employee, Mr. Lazzari, after a disability leave. The County’s Department of Human Resources (DHR) directed the Town to reinstate Lazzari based on a medical examination finding him fit for duty under Civil Service Law § 71. The Town refused, demanding the medical report. The Court of Appeals held that the Town was obligated to reinstate Lazzari immediately upon the County’s directive and that its remedy was to challenge the DHR’s determination through an Article 78 proceeding. The court also affirmed the award of back pay to Lazzari.
Facts
Mr. Lazzari, an employee of the Town of Eastchester, injured himself in October 2006 and ceased working. He was examined by the Town’s physician and an independent orthopedic surgeon, both of whom found him unfit for duty. Consequently, the Town terminated his employment in November 2007, advising him of his reinstatement rights under Civil Service Law § 71. Lazzari sought a review of his medical condition by the Westchester County DHR, which directed him to an independent physician. This physician found him fit to return to work. The DHR then directed the Town to reinstate Lazzari. The Town refused to reinstate Lazzari without receiving a copy of the medical report. The County refused to provide the report. Lazzari then commenced an Article 78 proceeding to compel his reinstatement.
Procedural History
Supreme Court initially granted Lazzari’s petition, ordering the Town to reinstate him. The Appellate Division reversed, requiring DHR to be joined as a necessary party. Upon remittal, the Supreme Court again granted the petition, ordering reinstatement and back pay. The Appellate Division affirmed, holding that Civil Service Law § 71 did not require DHR to provide the Town with the medical report. The Town appealed to the Court of Appeals.
Issue(s)
Whether a municipal employer is required to immediately reinstate an employee pursuant to a directive from the civil service commission or department under Civil Service Law § 71, or whether the employer can demand documentation of the employee’s fitness to resume work before reinstatement.
Holding
Yes, the municipal employer must immediately reinstate the employee because Civil Service Law § 71 mandates immediate reinstatement upon the civil service commission’s directive, and the proper avenue for challenging the directive is a CPLR Article 78 proceeding.
Court’s Reasoning
The Court of Appeals reasoned that Civil Service Law § 71 requires immediate reinstatement when a medical officer, selected by the civil service commission, certifies an employee’s fitness for duty. The court found that a letter from the Civil Service Commission informing the Town that a medical officer had “certified” Mr. Lazzari fit to return to work was sufficient under Civil Service Law § 71. The Court emphasized that the statute does not explicitly require written medical certification. The Court rejected the Town’s argument that it was entitled to the medical report before reinstating Lazzari, stating that the Town’s proper recourse was to initiate a CPLR Article 78 proceeding to challenge the DHR’s determination. The Court distinguished this situation from cases where employers have wide discretion in employment matters, such as the Superintendent of State Police. The Court stated, “Civil Service Law § 71 does not give the Town the responsibility or power to police the performance of the County’s statutorily mandated duties.” Regarding back pay, the Court found no meaningful distinction between an unlawful removal and an unlawful refusal to reinstate, thus entitling Lazzari to back pay under Civil Service Law § 77.