O'Brien v. Yugartis

54 F. Supp. 3d 186, 2014 U.S. Dist. LEXIS 132445, 2014 WL 4715825
CourtDistrict Court, N.D. New York
DecidedSeptember 22, 2014
DocketNo. 7:12-CV-1600 (NAM/TWD)
StatusPublished
Cited by2 cases

This text of 54 F. Supp. 3d 186 (O'Brien v. Yugartis) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Brien v. Yugartis, 54 F. Supp. 3d 186, 2014 U.S. Dist. LEXIS 132445, 2014 WL 4715825 (N.D.N.Y. 2014).

Opinion

MEMORANDUM-DECISION AND ORDER

NORMAN A. MORDUE, Senior District Judge:

INTRODUCTION

In this action under 42 U.S.C. § 1983 and New York State law, plaintiff claims he was wrongfully discharged from his employment as Code Enforcement Officer of the Village of Potsdam, New York (“Village”).1 After plaintiff commenced the action in New York State Supreme Court, St. Lawrence County, defendants removed it to this Court on the ground of federal question jurisdiction. See 28 U.S.C. § 1441(a) (“[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district eourt[.]”). Presently before the Court are defendants’ motion (Dkt. No. 31) for summary judgment and plaintiffs cross motion (Dkt. No. 37) for partial summary judgment award-mg him reinstatement, back pay, and benefits. The Court grants defendants’ mo-ti°n insofar as it seeks summary judgment on the federal claims, denies plaintiffs cross motion, and remands the remaining claims to state court.

BACKGROUND

The “Amended Petition and Complaint” (Dkt. No. 12) alleges:

5. On May 20, 2011, the Village of Potsdam Board of Trustees resolved to engage and appoint Petitioner as the Village of Potsdam’s Code Enforcement Officer “effective May 30, 2011 at a salary of $44,904, to increase to $45,904 upon the successful completion of his probationary period.”
6. On May 30, 2011, Petitioner commenced employment as the probationary Village of Potsdam Code Enforcement Officer.
7. At the latest, on May 29, 2012, Petitioner completed his probationary period.
8. On May 30, 2012, Petitioner appeared for work and did commence performing] his duties and was paid to perform his duties as the non-probationary full time Village of Potsdam Code Enforcement Officer.
9. Upon information and belief, as of May 30, 2012, Petitioner held a position by permanent appointment in the competitive class of the classified civil services.
10. On May 30, 2012, the Village of Potsdam Administrator advised Petitioner that Respondents had purported to [189]*189terminate Petitioner as the Village of Potsdam Code Enforcement Officer.
11. Upon information and belief, Petitioner was and remains entitled to all of the protections afforded full time Village employees under and pursuant to New York Civil Service Law Section 75, the Village of Potsdam Employee Handbook and the Saint Lawrence County Civil Service Manual.
12. Upon information and belief, Petitioner was a public employee as of May 30, 2012.
13. Upon information and belief, Respondent was and remains a public employer.
14. Upon information and belief, Petitioner was and remains entitled to all of the protections afforded full time Village employees under and pursuant to New York Civil Service Law Section 75-B.
19. In connection with the performance of his duties, Petitioner did inspect, report and record the required information, and required those engaged in the use, construction, alteration and repair of buildings to comply with the Laws, Rules and Regulations of the State of New York prior to issuing building permits, certificates of occupancy and other official forms and permits.
20. Prior to his appointment as a full time Code Enforcement Officer for the Village, and for a period of approximately eighteen months, Petitioner concurrently held two part time Code Enforcement Officer jobs for the Village.
21. Upon information and belief, Respondents never received or acted upon any formal written or other complaint about Petitioner’s job performance during his entire tenure with the Village.
22. Respondents Yugartis and Warr complained to Petitioner, and, upon information and belief, complained to others, that Petitioner’s enforcement of the Laws, Rules and Regulations of the State of New York were injuring or could injure said Respondents’ personal and pecuniary interests.
23.Respondent Yugartis’ personal and pecuniary interests included his standing as'a professor at Clarkson University, which was an institution that used, constructed, maintained and repaired structures that were required to be in conformance with the Laws, Rules and Regulations of the State of New York.
24.When Petitioner took proper and legal and required steps to compel Clarkson University to abide by the Laws, Rules and Regulations of the State of New York, Respondent Yugar-tis scolded, cajoled and threatened Petitioner about his job performance, implying that certain projects should not be “slowed down” as a result of Petitioner’s performance of his statutorily mandated duties.
25. Respondent Warr’s personal and pecuniary interests included his role as property manager of rental housing in the Village for a family trust.
26. When Petitioner took proper and legal and required steps to withhold permission for the use of a structure or a portion thereof for an illegal purpose, Respondent Warr scolded, cajoled and threatened Petitioner about his job performance.
27. Trustee Hopke is an employee of Clarkson University.
28. Trustee Tischler is an employee of a vendor to Clarkson University.
29. Upon information and belief, Petitioner’s performance of his duties included disclosures to the Village of Potsdam that its practice of discouraging the Code Enforcement Officer from recording violations of. the Laws, Rules and [190]*190Regulations of the State of New York, presented a substantial and specific danger to the public health and safety.
30. Upon information and belief, Respondents retaliated against Petitioner for his disclosures and/or threatened disclosures in violation of the New York State Civil Service Law and in violation of an implied condition of employment.
31. Respondent’s conduct was in violation of Petitioner’s rights under and pursuant to the Constitutions of the State of New York and the United States of America, including the First, Fourth and Fourteenth Amendments thereof affording Petitioner to right to freedom of expression, procedural and substantive due process and the equal protections of the law.

(Citation to record omitted.)

Claim One seeks annulment pursuant to New York Civil Practice Law and Rules, Article 78 (“Article 78”) of the Village’s termination of plaintiffs employment. Plaintiff contends that his probationary employment had ripened into a permanent one, and that therefore his termination without the legal protections to which permanent employees are entitled under section 75 of the New York Civil Service Law (“CSL”) constituted an error of law and was arbitrary, capricious, and an abuse of discretion.

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Cite This Page — Counsel Stack

Bluebook (online)
54 F. Supp. 3d 186, 2014 U.S. Dist. LEXIS 132445, 2014 WL 4715825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-yugartis-nynd-2014.