In the Matter of Shelton Johnson v. New York City Department of Environmental Protection (DEP) , Shelton Johnson sought reinstatement and back pay from the DEP , after being terminated without a formal hearing.
Johnson, a DEP construction laborer, was arrested for stealing DVDs. After a search, police discovered a forged DEP placard and shield and Johnson eventually pled guilty to criminal possession of a forged document in the third degree.
By letter dated February 6, 2003, the DEP notified Johnson that because he pled guilty to a crime, he forfeited his employment status according to New York City Charter § 1116, which provides: "Any … employee of the city who shall willfully violate or evade any provision of law … or commit any fraud upon the city … shall be deemed guilty of a misdemeanor and … shall forfeit such office or employment."
The New York County Supreme Court (by a Decision/Judgment dated October 9, 2003 ) dismissed Johnson's lawsuit and held that his guilty plea was "tantamount to an admission that he committed a fraud upon the city," and thus, no hearing was necessary.
On May 18, 2004, the Appellate Division, First Department, reversed and remanded the case, finding that Johnson's conviction, "standing alone, without factual inquiry, [did] not show that petitioner perpetrated a 'fraud upon the city,' violated any law relating to his employment, or converted any City property to his own use within the meaning of § 1116."
On remand, the Supreme Court ordered Johnson's reinstatement and awarded him back pay and, on November 9, 2006, the AD1 affirmed.
When the case finally reached our state's highest court, by a decision dated February 12, 2008, the Court of Appeals also affirmed, as the record was insufficient to establish § 1116's applicability. There was no evidence with regard to the forged DEP placard or shield which satisfied the "fraud upon the city" requirement.
With that, Shelton resumed his status as "Johnny DEP ."
To download a copy of the Court of Appeals' decision, please use this link: Matter of Shelton Johnson v. New York City Department of Environmental Protection
To download a copy of the Appellate Division's decisions, please use this link: May 18, 2004 remand or November 9, 2006 affirmance