118 Misc. 2d 227 | N.Y. Sup. Ct. | 1983
OPINION OF THE COURT
Petitioner, an employee of the New York Human Resources Administration, seeks in this CPLR article 78 proceeding to have his demotion to the position of office associate III rescinded and be restored to the position of principal administrative associate I and seeks other incidental relief in keeping with the aforesaid.
The petitioner began his employment in August, 1981 in the position of principal administrative associate I as a probationary employee. He was demoted to his present position in May, 1982 within the one-year probationary period. (Rules and Regulations of the New York City Department of Personnel, § 5.2.1.) Petitioner’s initial evaluation in December, 1981 was satisfactory. However, his second evaluation dated in May, 1982 indicates that his work was considered unsatisfactory. While petitioner strongly disputes this, it is not the function of this court to determine whether his work was satisfactory or not, but to determine whether there was a reasonable basis for the
The petition finally argues that he did not receive an evaluation of his performance every three months during the probationary period and therefore he did not have a fair opportunity to demonstrate his ability. Paragraph 7.5.6 of section 5 of the Rules and Regulations of the New York City Department of Personnel states in part: “(a) Interim evaluations shall be made for sub-managerial probationary employees at least every three months and a final report shall be made at the end of the probationary period. Each interim evaluation shall contain a recommendation that the probationary employee either be retained for an additional three-months period or terminated from the position”.
The purpose of this section is to aid the employer in its evaluation of the employee and to aid a probationary employee to demonstrate ability to perform duties by giving a periodic evaluation so he or she might see mistakes and strengths and govern oneself accordingly. However, when this section is read in conjunction with section 5.2.7 of the Rules and Regulations of the City Personnel Director, it becomes clear that a failure to comply with paragraph 7.5.6 of section 5 does not prevent the respondent from terminating probationary employment. For section 5.2.7 of the rules clearly states that the petitioner, as a probationer, could have been terminated at any time after four months. It does not require that a probationary em
Finally, there is no need shown for a due process hearing in this case. (Board of Regents v Roth, 408 US 564; Bishop v Wood, 426 US 341; Paul v Davis, 424 US 693; Russell v Hodges, 470 F2d 212.)
The petition is dismissed.