Hoyt v. Andreucci

433 F.3d 320, 23 I.E.R. Cas. (BNA) 1623, 178 L.R.R.M. (BNA) 2840, 2006 U.S. App. LEXIS 272, 2006 WL 27584
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 6, 2006
DocketDocket No. 04-5551-CV
StatusPublished
Cited by77 cases

This text of 433 F.3d 320 (Hoyt v. Andreucci) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoyt v. Andreucci, 433 F.3d 320, 23 I.E.R. Cas. (BNA) 1623, 178 L.R.R.M. (BNA) 2840, 2006 U.S. App. LEXIS 272, 2006 WL 27584 (2d Cir. 2006).

Opinion

KATZMANN, Circuit Judge.

In this case, we are called upon to assess whether various officials of Albany County violated the First Amendment rights of a corrections officer by retaliating against him on the basis of his speech.

The plaintiff-appellant, Ron Hoyt, has long been employed by Albany County as a corrections officer and has been involved in union activities for many years. After being elected to a leadership position in Council 82, a statewide labor organization, Hoyt was granted a full-time leave to fulfill his union responsibilities, pursuant to a written agreement between Council 82 and Albany County. The Leave Agreement added, however, that Hoyt could not “personally represent Council 82 in grievances, administrative proceedings or other labor matters in which Albany County is a party.” This provision came into sharp relief when, during the public comment portion of an Albany County Legislature meeting, Hoyt gave a speech that criticized defendant-appellee Undersheriff John Mahan and referred to a pending grievance between an unnamed corrections officer and Albany County. The next day, defendantappellee Deputy County Executive Christopher Andreucci informed Hoyt that his speech had breached the Leave Agreement, and that he therefore had to return to regular duty as a corrections officer.

Hoyt reluctantly returned to work at the correctional facility, and then filed the instant lawsuit under 42 U.S.C. § 1983, alleging that the defendants-appellees had violated his constitutional rights by retaliating against him because of his speech. The district court (Strom, J.) awarded summary judgment to the defendants-appellees, holding as a matter of law that the revocation of Hoyt’s union leave did not amount to an adverse employment action. We hold, however, that the question of whether the revocation of Hoyt’s leave rose to the level of an adverse employment action implicates material issues of fact, thus precluding resolution at the summary judgment stage. We further hold that the district court’s entry of summary judgment cannot be affirmed on either of the two alternative grounds advanced by the defendants-appellees: namely, that Hoyt’s speech was not constitutionally protected; and that even if it were, the Leave Agreement operated to waive any constitutional right that Hoyt had to deliver the speech. We therefore vacate the district court’s award of summary judgment and remand this case for further proceedings.

I.

A.

Hoyt, a corrections officer at the Albany County Correctional Facility, has been involved in union activities for over two decades. In 1980, he became a steward of Local 775, the labor union representing corrections officers in Albany County, and he quickly rose to become Local 775’s President.

[323]*323In 1995, Hoyt was elected Law Enforcement Policy Chairman of Council 82, the statewide parent organization of Local 775. In early 1996, Council 82 and Albany County negotiated an agreement pursuant to which Hoyt would take leave from his position as a corrections officer in order to perform his responsibilities for Council 82, with Council 82 reimbursing Albany County for Hoyt’s salary and benefits. Specifically, the Leave Agreement provided as follows:

Beginning February 5,1996, Mr. Hoyt will be granted a paid leave of absence by the Sheriff and County (“Employer”) for the duration of his tenure as Council 82 Law Enforcement Policy Chairman. During that period of time, the Employer will continue to pay Mr. Hoyt his salary, longevity payments, clothing allowance, sick leave incentive and other contractual compensation items, and it will also continue to make contributions to the New York State Retirement System and pay for Mr. Hoyt’s health insurance and any other medical insurances that may be negotiated in future contracts. The salary, other compensation items, Retirement System contributions and health insurance payments will be made in accordance with the collective bargaining agreements in effect from time to time and in the same manner as such are made with other active County Correction Officers in the employ of the Employer. Mr. Hoyt’s accruals will be frozen at the amount credited to him on February 4, 1996, except that Mr. Hoyt will be credited with five (5) personal days upon his return to active service with the Albany County Sheriffs Department.
In consideration of the Employer granting Mr. Hoyt this leave with pay, Council 82 will reimburse the Employer, on a quarterly basis, amounts attributable to annual salary, longevity, clothing allowance, sick leave incentive payments made to Mr. Hoyt, Retirement System contributions made on behalf of Mr. Hoyt, health insurance premiums paid on behalf of Mr. Hoyt by the Employer and social security amounts attributable to compensation paid to Mr. Hoyt.
Finally, as part of this arrangement, Mr. Hoyt will not personally represent Council 82 in grievances, administrative proceedings or other labor matters in which Albany County is a party.

(Emphasis added.) The italicized portion — which is central to this dispute — ivas not in the original draft of the agreement, but did appear in the final version. According to Robert Hite, Council 82’s general counsel at the time, this language was inserted at the request of Albany County.

For the next six years (with the exception of one 80-day period during which Hoyt voluntarily returned to the corrections facility), Hoyt remained on full-time leave pursuant to the above agreement, which was periodically renewed, and he ultimately rose to become President of Council 82. The most recent renewal of the Leave Agreement extended Hoyt’s union leave through September 30, 2002.

On the night of February 13, 2002, however, a pivotal incident occurred when Hoyt made a speech during the open public comment period of the Albany County Legislature’s monthly meeting. During his speech, Hoyt criticized defendant-appellee Undersheriff John Mahan, alleging that Mahan was unlawfully taking union members out of their “bid jobs” as a means of disciplining them, and that he should therefore be removed from his position as Undersheriff. Because the text of Hoyt’s speech is at the crux of this dispute, [324]*324we have reproduced it in full:1

Mr. Chairman, members of the County Legislature, my name is Ron Hoyt. I’m president of Council 82, the parent organization which represents Local 775, Corrections Officers at the Jail.
Let me first qualify my following remarks by saying, it’s just like being a nurse at a pediatric ward at a hospital, and your boss gets mad at you and wants to discipline you, and then you find yourself when you come to work the next day being moved over to another area. Or you’re a member of the Department of Public Works here in Albany County, you’re a truck driver. Your boss comes in, gets mad at you, and the next day you’re cutting grass.
And I’m very troubled by being here tonight. I don’t feel comfortable in this position tonight. But the contract officers at the jail have the entitlement to bid duty assignments by seniority. There are also procedures set forth to address discipline. Management cannot bleed these together. In short, they cannot utilize taking an officer off his or her bid job as a means of discipline. This has been legally proven.

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Bluebook (online)
433 F.3d 320, 23 I.E.R. Cas. (BNA) 1623, 178 L.R.R.M. (BNA) 2840, 2006 U.S. App. LEXIS 272, 2006 WL 27584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoyt-v-andreucci-ca2-2006.