Saratoga Springs Municipal Civil Service Commission v. New York State Civil Service Commission

• Decision Date: 27 July 1972
• Citation: 70 Misc.2d 744,334 N.Y.S.2d 711
• Parties: Application of the SARATOGA SPRINGS MUNICIPAL CIVIL SERVICE COMMISSION, Petitioner, For a Judgment Under Article 78 of the Civil Practice Law and Rules v. The NEW YORK STATE CIVIL SERVICE COMMISSION, Respondent.
• Court: New York Supreme Court

Page 711

334 N.Y.S.2d 711

70 Misc.2d 744

Application of the SARATOGA SPRINGS MUNICIPAL CIVIL SERVICE COMMISSION, Petitioner, For a Judgment Under Article 78 of the Civil Practice Law and Rules v. The NEW YORK STATE CIVIL SERVICE COMMISSION, Respondent.

Supreme Court, Saratoga County.

July 27, 1972.

John A. Simone, Jr., Saratoga Springs, for petitioner.

Louis J. Lefkowitz, Atty. Gen. (Daniel F. Ruge, Albany, of counsel), for respondent.

DECISION

WILLIAM J. CRANGLE, Justice:

The legislature by Section 20 of the Civil Service Law has given petitioner rule making powers subject to approval by the respondent. In this proceeding under CPLR Article 78 the petitioner seeks to force respondent to approve a rule establishing the jurisdictional classification of one of its officers (the position of City Engineer) as non-competitive. Respondent argues that its refusal to approve petitioner's classification resolution was proper and reasonable and that in any event petitioner has no standing to complain as a party in this special proceeding.

Respondent cites cases in support of its position concerning petitioner's lack of standing which are precedents for the rule that a public body has no standing to challenge a state statute which restricts its governmental powers. (Board of Education of Cent. School District No. 1 v. Allen, 27 A.D.2d 69, 276 N.Y.S.2d 234; Board of Education, Cent. High School District No. 2 v. Allen, 27 A.D.2d 680, 276 N.Y.S.2d 281; City of Buffalo v. State Board of Equalization, 26 A.D.2d 213, 272 N.Y.S.2d 168.) The principle enunciated in those cases is that a local agency of the State receives its powers from the State and any diminution in those powers by the legislature cannot be questioned by it.

This principle does not extend do the exercise of rule-making powers between two largely autonomous bodies each charged with the administration of the civil service law in its respective jurisdiction. (Mtr. of Ebling v. N.Y. State Civil Service Commission, 305 N.Y. 221, 112 N.E.2d 203; Mtr. of Caparco v. Kaplan, 20 A.D.2d 212, 245 N.Y.S.2d 837). Petitioner in this proceeding does not challenge Civil Service Law § 20 as an unconstitutional or improper restriction on its powers. It merely complains that respondent has acted arbitrarily in its reviewing role. It does not seek to strike down legislation curtailing its governmental rule-making powers; it seeks an interpretation of those powers under the existing statute. There are numerous cases wherein a public body or officer has solicited the court's intervention with respect to the action of another governmental agency often within the same department. (Mtr. of Ottinger v. State Civil Service Commission, 240 N.Y. 435, 148 N.E. 627; Mtr. of Board of Education of Cent. School District No. 2 v. Allen, 14 A.D.2d 429, 221 N.Y.S.2d 587; Mtr. of Board of Education of Union Free School Dist. No. 3 v. Allen, 6 A.D.2d 316, 177 N.Y.S.2d 169; Mtr. of Town of Babylon v. Stengel, 43 Misc.2d 196, 250 N.Y.S.2d 514; Mtr. of Klipp v. New York State Civil Service Commission, 42 Misc.2d 35, 247 N.Y.S.2d 632.) I therefore conclude that petitioner has standing and is properly before the court in this proceeding.

John C. Hay, the present city engineer for the City of Saratoga Springs, has held that position since December 30, 1966 and has continued therein without having taken a competitive civil service examination. At a meeting of petitioner held on May 25, 1971 a resolution was adopted placing the position of city engineer in the non-competitive classification. The resolution was sent to respondent for its approval as required by Civil Service Law § 20, subd. 2. Respondent has declined to approve the resolution upon the ground that it is practicable to fill this position in Saratoga Springs by competitive examination.

Civil Service Law § 44, enacted to implement Article V § 6 of the New York State Constitution, provides for a competitive class of civil service employees and mandates that it shall include all positions 'for which it is practicable to determine the merit and fitness of applicants by competitive examination.' Non-competitive positions are the exception and not the rule. (Mtr. of Andresen v. Rice, 277 N.Y. 271, 14 N.E.2d 65; Mtr. of...