Marentette v. City of Canandaigua
| Decision Date | 08 January 2019 |
| Docket Number | 6:17-CV-06716 EAW |
| Citation | 351 F.Supp.3d 410 |
| Parties | Mark MARENTETTE, Plaintiff, v. CITY OF CANANDAIGUA, New York, Ted Andrzejewski, Individually and as City Manager of City of Canandaigua, John Goodwin, Individually and as Assistant City Manager, Budget Director, City Manager, and Designated Appointing Authority of City of Canandaigua, and Nancy Abdallah, Individually and as Clerk/Treasurer of City of Canandaigua, Defendants. |
| Court | U.S. District Court — Western District of New York |
Michael T. Harren, Michael Frank Geraci, Trevett, Cristo, Salzer & Andolina P.C., Rochester, NY, for Plaintiff.
Daniel T. Cavarello, Sugarman Law Firm LLP, Buffalo, NY, Jenna W. Klucsik, Sugarman Law Firm, LLP, Syracuse, NY, for Defendants.
DECISION AND ORDER
Plaintiff Mark Marentette ("Plaintiff") commenced this civil rights action alleging that Defendants violated his First and Fourteenth Amendment rights when they terminated him as Fire Chief of the City of Canandaigua. (Dkt. 21). Specifically, Plaintiff claims that Defendants terminated him without due process, and that Defendants deprived him of his right to petition the government for redress by requiring that he communicate with local government officials through his attorney. (See id. at 6-9).
Presently before the Court are Plaintiff's motion for partial summary judgment (Dkt. 33), Plaintiff's motion for a preliminary injunction (Dkt. 34), and Defendants' cross-motion for summary judgment and judgment on the pleadings (Dkt 42). For the following reasons, Plaintiff's motions are denied and Defendants' cross-motion is granted.
Plaintiff served as the City of Canandaigua (the "City") Fire Chief from March 2011 until April 2017. (Dkt. 33-2 at ¶ 1; Dkt. 44-10 at ¶ 1). Plaintiff held this position by permanent appointment. (Dkt. 33-2 at ¶ 2; Dkt. 44-10 at ¶ 2). On January 6, 2017, the City served Plaintiff with Charges and Specifications relating to his conduct as Fire Chief. (Dkt. 33-2 at ¶ 3; Dkt. 44-10 at ¶ 3; see also Dkt. 43 at 488-499). The Charges and Specifications alleged that Plaintiff committed various acts of misconduct and incompetence in his capacity as Fire Chief, notified Plaintiff of his right to dispute the allegations asserted against him as well as his right to a hearing, and suspended Plaintiff for 30 days without pay while the charges were pending. (See Dkt. 33-4; Dkt. 43 at 488-499). Plaintiff answered the allegations on January 13, 2017. (Dkt. 33-5).
On February 1, 2017, the City served Plaintiff with a supplemental Charge and Specification. (Dkt. 33-2 at ¶ 5; Dkt. 44-10 at ¶ 5; see also Dkt. 43 at 670-71). The supplemental Charge and Specification alleged further acts of incompetence against Plaintiff, and again notified Plaintiff of his right to dispute the allegations against him as well as his right to a hearing. (Dkt. 43 at 670-71; see Dkt. 33-6). The notice also indicated that Plaintiff's suspension without pay would end on February 6, 2017, at which point he would remain suspended with pay while the charges remained pending. (Dkt. 43 at 671). Plaintiff answered the supplemental Charge and Specification on February 7, 2017. (Dkt. 33-7).
A hearing was held pursuant to New York Civil Service Law § 75 on February 16 and 17, 2017. (Dkt. 33-2 at ¶ 8; Dkt. 44-10 at ¶ 8). Plaintiff appeared with an attorney at the hearing, who elicited direct testimony and cross-examined witnesses on Plaintiff's behalf. (Dkt. 44-10 at 6; see Dkt. 43 at 43-484). Plaintiff and the City submitted written closing statements. (Dkt. 33-2 at ¶ 9; Dkt. 44-10 at ¶ 9).
On or about April 13, 2017, the hearing officer issued a memorandum report setting forth his findings and recommendations. (Dkt. 33-9; Dkt. 43 at 20-41). The hearing officer found Plaintiff guilty of three charges and four associated specifications alleged by the City based upon "substantial evidence" in the record. (See Dkt. 33-2 at ¶ 10; Dkt. 44-10 at 6-7). The hearing officer recommended that Plaintiff be demoted from his position as Fire Chief. (Dkt. 33-9 at 21-22; Dkt. 43 at 20-21; see also Dkt. 44-10 at 7).
On April 18, 2017, John Goodwin ("Goodwin"), the Assistant City Manager, issued a Notice of Determination, which adopted the hearing officer's findings of guilt on Charge 3, Specification 1; Charge 6, Specifications 1 and 3; and Charge 7, Specification 4. (See Dkt. 33-10; Dkt. 43 at 17). Although Goodwin agreed with the hearing officer's recommendation that Plaintiff "no longer serve under the title of Fire Chief," he disagreed that a demotion was an appropriate penalty. (See Dkt. 33-10; Dkt. 43 at 17). Instead, "[g]iven the gravity of the misconduct, previous disciplinary record, unsuccessful attempts to remediate misconduct, and loss of trust," Goodwin terminated Plaintiff and dismissed him from serving in any capacity as an employee of the City's Fire Department. (See Dkt. 33-10; Dkt. 43 at 17).
On June 2, 2017, Plaintiff challenged the City's determination in New York State Supreme Court, Ontario County, by commencing a special proceeding pursuant to Article 78 of the New York State Civil Practice Law and Rules. (Dkt 33-2 at ¶ 13; Dkt 44-10 at ¶ 13; see Dkt. 33-11; Dkt. 42-6); see also CPLR 7801 - 7806. The City answered Plaintiff's Article 78 Petition by filing a Verified Answer on July 6, 2017. (Dkt. 33-2 at ¶ 14; Dkt. 44-10 at ¶ 14). On August 9, 2017, a state supreme court justice issued a decision indicating that the appropriate standard of proof at a § 75 hearing is "substantial evidence," but also transferring the matter to the New York State Supreme Court, Appellate Division, Fourth Department (the "Fourth Department"). (See Dkt. 33-13; Dkt. 43-2 at 2).
In the meantime, on September 19, 2017, Plaintiff filed a second action in New York State Supreme Court, Ontario County, alleging that his termination resulted in the deprivation of protected property and liberty interests without due process in violation of the Fourteenth Amendment. (see Dkt. 1-1). On October 16, 2017, Defendants Goodwin, the City, and Nancy Abdallah, the City's Clerk and Treasurer, removed that second action to federal court. (Dkt. 1). This is the instant action pending before the undersigned.
On or about November 3, 2017, Plaintiff filed a motion for a preliminary injunction before the Fourth Department, requesting that he be reinstated to "paid leave status pending further order of th[e c]ourt." (Dkt. 43-4). On November 30, 2017, the Fourth Department denied Plaintiff's preliminary injunction request. (Dkt. 44-2).
Plaintiff filed an amended complaint in the instant matter on December 6, 2017, which, among other things, added Defendant Ted Andrzejewski, the City's Manager, to this action. (Dkt. 9). Subsequently, on December 20, 2017, Plaintiff filed a Second Amended Complaint, which remains the operative pleading in this case. (Dkt. 21). Defendants answered the Second Amended Complaint on January 16, 2018. (Dkt. 24).
On March 2, 2018, United States Magistrate Judge Jonathan W. Feldman stayed discovery in this matter pending the Fourth Department's ruling on Plaintiff's Article 78 Petition. (Dkt. 32). On March 16, 2018, the Fourth Department issued a Memorandum and Order, dismissing Plaintiff's Petition. (Dkt. 33-2 at ¶ 16; Dkt. 44-10 at ¶ 16); see Marentette v. City of Canandaigua , 159 A.D.3d 1410, 73 N.Y.S.3d 823 (4th Dep't 2018). On April 11, 2018, Plaintiff sought leave to appeal the Fourth Department's Memorandum and Order to the New York State Court of Appeals (Dkt. 44-7), which was denied on June 27, 2018, Marentette v. City of Canandaigua , 31 N.Y.3d 912, 2018 WL 3148932 (2018).
After the Fourth Department dismissed Plaintiff's Article 78 proceeding, on April 4, 2018, Plaintiff filed a motion for partial summary judgment and a motion for a preliminary injunction in this matter. (Dkt. 33; Dkt. 34). Plaintiff seeks a preliminary injunction restoring him to the City's payroll, effective March 16, 2018 (Dkt. 34-1 at 7), and he also seeks summary judgment as to Defendants' liability for their alleged due process violations (Dkt. 33-1 at 19-20). On May 16, 2018, Defendants filed their cross-motion, seeking dismissal of all of Plaintiff's claims, as well as their opposition papers in response to Plaintiff's motion for a preliminary injunction. (Dkt. 42; Dkt. 45). Defendants seek summary judgment on Plaintiff's due process claims (Dkt. 44-9 at 9-30) and move for judgment on the pleadings on Plaintiff's First Amendment claim for the deprivation of his right to petition the government for the redress of his grievances (Dkt. 44-9 at 30-32). Plaintiff opposes Defendants' cross-motion. (Dkt. 49).
This Court held oral argument on the pending motions on August 9, 2018, and reserved decision. The Court also granted Plaintiff leave to file a supplemental submission citing to additional authority. On August 13, 2018, Plaintiff filed a letter reciting case authority in further support of his position (Dkt. 53), and on August 15, 2018, Defendants filed a responsive letter in opposition (Dkt. 54). In addition, on November 6, 2018, Plaintiff filed a further letter in support of his position that set forth additional case law. (Dkt. 55). The following day, on November 7, 2018, Defendants filed a letter response. (Dkt. 56).
Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment should be granted if the moving party establishes "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The Court should grant summary judgment if, after considering the evidence in the light most favorable to the nonmoving party, the court finds that no rational jury could find in favor of that party. Scott v. Harris , 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (citing Matsushita Elec. Indus. Co. v. Zenith...
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