58 A.D.2d 869 | N.Y. App. Div. | 1977
In a proceeding pursuant to CPLR article 78, inter alia, to compel the reinstatement of the individual petitioners to their job positions, the appeal is from a judgment of the Supreme Court, Westchester County, dated March 22, 1977, which granted the petition by (1) declaring that the job positions had been abolished in bad faith and (2) reinstating the individual petitioners to their positions with full back pay and benefits, retroactive to December 31, 1976. Judgment reversed on the law, without costs or disbursements, and proceeding dismissed on the merits. Until December 31, 1976 petitioners were employed by appellant Westchester County as permanent watchmen in the labor class of the civil service and were assigned to duties at the county’s medical center. In addition, during 1976, additional security at the medical center was furnished by a private security firm pursuant to a contract with the county. In preparing the budget for 1977, the county rejected a proposal to create a new 21-man security force composed entirely of county employees and noted that "by private contract the County does not incur any cost for uniforms or fringe benefits which currently average 32% of gross salary.” Thereafter the county adopted a budget which made no provision for either watchmen or security guards. The individual petitioners’ positions were abolished as of December 31, 1976. Since the 1976 contract with the private security guards at the medical center expired on December 31, 1976, the county authorized competitive bidding for an emergency, three-month, private security guard contract. This contract was awarded to the firm of Effective Security, Inc. (Effective), and private guard service under the new contract commenced as of January 1, 1977. Petitioners then commenced this proceeding, seeking reinstatement to their positions "as security guards” at