Labor & Employment Law

Employer to provide provisional employee with name-clearing hearing

Employer to provide provisional employee with name-clearing hearing
Matter of Androniki [Niki] Browne v City of New York, 45 A.D.3d 590, Appellate Division

The Board of Trustees of the New York City Employees Retirement System (NYCERS), demoted Androniki Browne from her position as a provisional Administrative Manager L-2 to the position of Associate Staff Analyst. In addition, NYCERS refused to provide Browne with a ?name clearing hearing? that she demanded.

Browne?s lawsuit to compel NYCERS to provide her with a name clearing hearing was dismissed by Supreme Court and she appealed. The Appellate Division modified the lower court?s determination.

Although the Appellate Division said that as a provisional employee, Browne could be demoted to her former position of Associate Staff Analyst without a hearing in the absence of a showing that her demotion was in bad faith, or for a constitutionally impermissible purpose, or otherwise in violation of law, in this instance the court decided that there was a ?factual dispute regarding whether there was public dissemination of the stigmatizing statement?? to be resolved.

Accordingly, said the court, Browne is entitled to a ?name-clearing hearing? to give her the opportunity to prove that the stigmatizing material alleged to be in her personnel file is false.

Full post as published by New York Public Personnel Law on May 09, 2008 (boomark / email).