Union Representing NYC Probation Officers Sues City

The union representing more than 800 probation professionals is taking the City of New York to court, charging that the City is violating State and City laws and regulations through sudden promotional actions that block opportunities for its members to rise through the ranks.

The United Probation Officers Association (UPOA) has filed an Article 78 special proceeding in New York State Supreme Court against New York City Department of Probation Commissioner (DOP) Ana Bermudez, New York City Department of Citywide Administrative Services (DCAS) Commissioner Lisette Camilo, and the City of New York to uphold the integrity of New York’s Civil Service system.

The action charges that the City’s hiring of six people as Supervising Probation Officers – from outside the Probation Department – and promotion of two Officers who have not completed their probationary periods violates the New York State Constitution, the Civil Service Law, and New York City’s Personnel Rules and Regulations.

The New York State Constitution, the Civil Service Law, and New York City’s Personnel Rules and Regulations permit provisional appointments only “when there is no appropriate eligible list available for filling a vacancy in the competitive class,” the action states.

“There are plenty of qualified, professional, and dedicated UPOA members working in Probation that are eligible and eager to fill the role of Supervising Probation Officer,” said UPOA President Dalvanie Powell. “These provisional hires are a slap in the face to hardworking women and men who serve the City as the heartbeat of our criminal justice system. No other previous administrators have gone outside of the Department of Probation to fill promotional positions. This adds insult to injury because our Probation Officers and Supervising Probation Officers within the five boroughs are the least paid within the City’s criminal justice system. The City must reverse these decisions immediately and do what is right.”

The UPOA represents more than 800 women and men holding Probation Officer titles— Probation Officer Trainees, Probation Officers, and Supervising Probation Officers—throughout the City.

To become a Supervising Probation Officer, a person must take a promotional exam that is open only to Department of Probation employees. To be eligible for promotion, the candidate must pass the exam and meet other criteria, including serving as a Probation Officer for at least one year and having Peace Officer status. The last exam for Supervising Probation Officer positions occurred in March 2015, and current Probation Officers have been awaiting the next exam to qualify for promotions.

UPOA is being represented by the law firm Greenberg Burzichelli Greenberg P.C. in the action.

UPOA already took the City to court this year on another matter. Alleging a pattern of longstanding pay discrimination, the union went to New York State Supreme Court to demand that City Hall turn over records detailing salary information on City employees hired in certain titles since January 2009.

DCAS, which is responsible for maintaining this data, has stonewalled and denied repeated Freedom of Information Law (FOIL) requests since earlier this year, prompting the UPOA to seek legal redress. The UPOA notes that its membership is largely non-white and female and paid significantly less than those in comparable posts in other City agencies and far less than Probation Officers in nearby counties, such as Westchester, Rockland, Nassau, and Suffolk, who are predominately non-white yet have the same educational requirements and experiences and who follow the same State mandates. The attorney in that case, which is awaiting a ruling, is the Kurland Group.