Zatto v. Great Neck Water Pollution Control District

The instant action stems from plaintiffs allegation that he was wrongfully terminated without being afforded a due process hearing pursuant to Civil Service Law § 75. On June 19, 2003, plaintiff refused to perform an assigned task and shouted at his supervisor using profanity. Pursuant to Section 75 of the Civil Service Law, plaintiff was entitled to a hearing regarding any disciplinary charges that were proffered against him. Plaintiff was offered the option of entering into a Settlement Agreement in lieu of the hearing. At hearing, plaintiff could have been punished with a penalty up to and including dismissal from employment. He opted to enter into the Settlement Agreement instead. The Settlement Agreement provided that he would be suspended without pay from June 26, 2003 through July 25, 2003. After his suspension, plaintiff would return to work on a probationary status effective July 26, 2003. His probationary status would be in effect until July 25, 2005 after which he would be restored to permanent Civil Service status and entitled to all the rights of an employee with permanent status. Plaintiff entered into this Settlement Agreement voluntarily and was represented by CSEA in the matter. On October 31, 2003 plaintiff received a letter informing him that, due to his unsatisfactory service, he was being terminated from his employment with the District effective November 7, 2003. Following his termination, plaintiff filed suit claiming that the Settlement Agreement was signed by representatives of the District, Christopher Murphy (Acting Superintendent) and David Wirtz (Legal Counsel for the District), who lacked the authority to bind the District and Board; therefore, plaintiff claims, the agreement has no effect and he is entitled to a Section 75 hearing as provided for in the collective bargaining agreement and under New York State Civil Service Law.