Ciambriello v. County of Nassau
| Citation | 137 F.Supp.2d 216 |
| Decision Date | 04 April 2001 |
| Docket Number | No. CV 00-3889.,CV 00-3889. |
| Parties | Daniel J. CIAMBRIELLO, Plaintiff, v. COUNTY OF NASSAU, Civil Service Employees Association, Inc., Russell Rinchiuso, as Deputy Commissioner of Public Works, and Individually, Richard Cotugno, as acting director of Environmental Operations Department of Public Works, and Individually and Ron Roeill, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Wasserman & Steen, by Lewis M. Wasserman, Patchogue, New York, for plaintiff.
Bee, Eisman & Ready, LLP by W. Matthew Groh, Mineola, New York, for defendants County of Nassau, Rinchiuso and Cotugno.
Nancy E. Hoffman, William A. Herbert, Albany, New York, for defendants Civil Service Employees Association and Roeill.
Plaintiff Daniel J. Ciambriello ("Plaintiff") commenced this civil rights case alleging that a change in the terms of his employment with Nassau County Department of Public Works was made in violation of his constitutionally protected right to procedural due process. Presently before the court is defendants' motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint. For the reasons set forth below, the court dismisses Plaintiff's federal claims. The court declines to exercise its discretion to consider the remaining state law claims.
In light of the fact that this case is presented, at this juncture, as a motion to dismiss, the court will outline here those facts relevant to the motion that are not in dispute and in the light most favorable to the plaintiff, the non-moving party.
Plaintiff began his employment with the Nassau County Department of Public Works ("DPW") in November of 1992. At that time, he held the position of Equipment Operator I ("EO-I"). Plaintiff held the EO-I position continuously between November 30, 1992 and August 28, 1997. On August 29, 1997, Plaintiff was promoted to the position of Plant Maintenance Mechanic II ("PMM-II"). Plaintiff held the PMM-II position until March 10, 2000. The court assumes, for the purposes of this motion, that Plaintiff performed all duties in both positions in a competent manner.
At all relevant times, the terms and conditions of Plaintiff's employment were governed by the New York State Civil Service Law as well as by the terms of a collective bargaining agreement (the "CBA") entered into between Plaintiff's collective bargaining unit and the County of Nassau (the "County"). Relevant here is that portion of the Civil Service Law prohibiting the demotion or termination of covered employees in the absence of a finding of incompetency or misconduct, shown after a hearing. See N.Y.Civil Serv.L. § 75(1) ("Section 75"). Equally relevant are the terms of the CBA. Specifically, that section of the CBA requiring that seniority, inter alia, be considered when promotions are made.
As noted above, Plaintiff was promoted to the position of PMM-II in August of 1997. The court assumes that prior to his March 2000 demotion, Plaintiff's appointment to the PMM-II position became permanent, within the meaning of the Civil Service Law and thus, entitled Plaintiff to the job protection set forth in Section 75 of the Civil Service Law.
Some time after Plaintiff's promotion, Plaintiff's union commenced a grievance on behalf of four DPW employees with greater seniority than Plaintiff. The grievance argued that Plaintiff's promotion violated the seniority provision of the CBA. Plaintiff was not given notice of the proceeding nor was he invited to participate in the grievance procedure. The grievance resulted in an arbitration and award that was later confirmed by the Supreme Court of the State of New York.
The arbitrator's award, dated February 1, 1999, rendered after a hearing held in January of 1999, sustained the grievance. The award states that when the County failed to consider the employees on behalf of whom the grievance was filed, it failed to follow the contractually required provisions regarding the position of PMM-II and thus, violated the CBA. The arbitrator held that the position held by Plaintiff should be vacated. Thereafter, when filling the position the County was to consider the four grievants. The arbitration award was confirmed by the Supreme Court of the State of New York in a decision dated December 10, 1999. In accordance with the award Plaintiff was ordered to vacate the PMM-II position and was returned to his previously held position of EO-I. The PMM-II position is now held by Ron Roeill, a defendant herein and one of the parties to the grievance.
In the action pending before this court, Plaintiff sets forth four separate claims for the relief. Named as defendants are the County, the Civil Service Employees Association, Inc. ("CSEA" or the "Union") Russell Rinchiuso, a Deputy Commissioner of the Nassau DPW, Richard Cotugno, Acting Director of Environmental Operations of the Nassau DPW and Ron Roeill, the individual promoted to the job vacated by Plaintiff (collectively "Defendants").
The two federal causes of action allege a violation of 42 U.S.C. § 1983 ("Section 1983") in the form of a deprivation of Plaintiff's right to procedural due process. These claims are pled individually and in the form of a Section 1983 conspiracy. The due process claim alleges that Plaintiff was deprived of his constitutionally protected property interest in his continued employment as a PMM-II without due process of law. Specifically, Plaintiff argues that as a permanent PMM-I he could not be discharged in the absence of a finding of incompetence or misconduct made after a hearing. Plaintiff's two State law claims allege: (1) a breach of the duty of fair representation by the Union and (2) a claim pursuant to Section 75 of the New York State Civil Service law.
All Defendants move to dismiss. First, Defendants argue that Plaintiff cannot state a claim pursuant to Section 1983 because he cannot establish the deprivation of any constitutionally protected property right to continued employment as a PMM-II. The Union seeks dismissal of the Section 1983 claim on the additional ground that it is not a state actor. Dismissal of the Section 1983 conspiracy claim is sought on the ground that the conclusory allegations of the complaint are insufficient to properly state such a claim.
The Union seeks dismissal of the breach of duty of fair representation claim on the ground that the facts here support no such claim. Dismissal of the claim pursuant to the Civil Service Law is sought on the ground that it is untimely.
After outlining the applicable law, the court will consider the merits of the motions.
A motion to dismiss is properly granted only if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Bernheim v. Litt, 79 F.3d 318, 321 (2d Cir.1996). When ruling on a motion to dismiss, the court must accept as true all factual allegations in the complaint. All reasonable inferences must be drawn in favor of the non-moving party. Hamilton Chapter of Alpha Delta Phi, Inc. v. Hamilton College, 128 F.3d 59, 62 (2d Cir.1997). It is not for the court to "weigh the evidence that might be presented at trial; the Court must merely determine whether the complaint itself is legally sufficient ..." Rodolico v. Unisys Corp., 96 F.Supp.2d 184, 186 (E.D.N.Y.2000).
When considering a motion to dismiss for failure to state a claim, the court can consider the facts as set forth in the complaint, documents attached thereto and those incorporated in the complaint by reference. Stuto v. Fleishman, 164 F.3d 820, 826 n. 1 (2d Cir.1999); Kramer v. Time Warner, Inc., 937 F.2d 767, 773 (2d Cir. 1991). Such consideration includes documents of which plaintiff had notice "and which were integral to their claim ... even though those documents were not incorporated into the complaint by reference." Brass v. American Film Technologies, Inc., 987 F.2d 142, 150 (2d Cir.1993); Cortec Indus. v. Sum Holding L.P., 949 F.2d 42, 48 (2d Cir.1991).
When acting as an employer, the State has a Constitutional obligation not to deprive employees of liberty or property without due process of law. Donato v. Plainview-Old Bethpage Central Sch. District, 96 F.3d 623, 626 (2d Cir.1996). To state a due process violation Plaintiff must first show a deprivation of a constitutionally protected property or liberty interest. White Plains Towing Corp. v. Patterson, 991 F.2d 1049, 1061-62 (2d Cir.), cert. denied, 510 U.S. 865, 114 S.Ct. 185, 126 L.Ed.2d 144 (1993); Costello v. McEnery, 1994 WL 410885 *4 (S.D.N.Y. August 3, 1994), aff'd, 57 F.3d 1064 (2d Cir.1995). It is only when such a right is established that the court may turn to a discussion of whether there has been a deprivation of that right without due process. Relevant here is a discussion of whether Plaintiff has a constitutionally protectible property interest in retaining the PMM-II position under the factual circumstances present.
The "nature and contours" of claimed property interests are defined not by the Constitution, but by "existing rules and understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and support claims of entitlement to those benefits." Local 342 v. Town Bd. of Huntington, 31 F.3d 1191, 1194 (2d Cir. 1994) (citations omitted); see also Greenwood v. New York, 163 F.3d 119, 122 (2d Cir.1998); Ezekwo v. New York City Health & Hosp. Corp., 940 F.2d 775, 782 (2d Cir.1991). A property interest may include any number of interests...
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