She was charged, heard, and fired - but nobody wrote down who had the authority
Rochester's Police Accountability Board fired an employee. A New York appeals court just ordered them to take her back.
The Appellate Division of the New York Supreme Court unanimously annulled the termination on October 2, 2026 - not because the charges lacked merit, but because the process that led to the firing was fatally flawed. Twice over.
The employee faced disciplinary charges for misconduct and incompetence. A hearing officer ran the proceeding, recommended termination, and a senior board official signed off. She was out.
Except nobody had put the hearing officer's authority in writing.
Under New York's Civil Service Law section 75(2), a disciplinary hearing must be conducted by the officer or body with removal power - or by someone they designate in writing. No written delegation, no jurisdiction. The court found nothing in the record to show that step had been taken, and cited a 1983 Court of Appeals decision: "in the absence of a written delegation authorizing a deputy or other person to conduct the hearing, the removing board or officer has no jurisdiction to discipline an employee."
That alone would have been enough. But the court went further.
The same senior official who brought the charges against the employee also appointed the hearing officer, testified at the hearing, and then made the final call to fire her. The court found the hearing officer's decision relied on and credited that official's testimony in sustaining the charges. When someone brings the case and then decides it - and their own evidence carries the result - fairness requires them to step aside. They did not.
The court ordered the employee reinstated with back pay, less any unemployment benefits received. It also remitted a separate batch of Freedom of Information Law disputes to the lower court for review. The reinstatement came without prejudice to further proceedings, so the board could re-run the process properly if it chose to.
Two procedural gaps. One missing piece of paper. One decision-maker who wore too many hats. That was enough to undo a termination entirely.
For HR teams running disciplinary processes - especially in the public sector where civil service protections apply - the takeaway is practical: delegate in writing, and keep the person who lays the charges out of the chair that decides them.
