Case 1:10-cv-01007-NAM -DRH Document 1 Filed 08/20/10 Page 1 of 24 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK BRIAN LEVINE, JOHN BARNETT, ARTHUR BREEN, GREGORY BROWN, PATRICIA CHICHESTER, CHRIS COVERT, SHELLEY DROSS, NANCY FERRANTE, ROBERT GODLEY, ANNETTE GRANT, CONSTANCE GRAVES, KATHRYN JAMISON, WILLIAM LIGHTBODY, MICKEY MASSIANO, WILLIAM. MCCARTNEY, ANDREW NIVEN, DANIEL OSBORNE, MICHAEL RESNICK, ROSEMARY SAWYER, LINDA SHAW, THOMAS SLOAN, JOHN STELLAR, ROBIN TAYLOR, ANNETTE TOMBOLILLO, KIMBERLY VILE, SARAH WASHINGTON, on behalf of themselves and all others similarly situated, and the ORGANIZATION OF NEW YORK STATE MANAGEMENT CONFIDENTIAL, EMPLOYEES (OMCE) on behalf of its members and by its Executive Director, JOSEPH SANO, Plaintifis, against- DAVID A. PATERSON, as Governor of the State of New York, THOMAS P. DINAPOLL, as Comptroller of the State of New York, ROBERT L. MEGNA, as Budget Director for the Division of Budget, NEW YORK STATE DIVISION OF BUDGET, OFFICE OF THE STATE COMPTROLLER, ‘NEW YORK STATE DEPARTMENT OF AUDIT AND. CONTROL, and the STATE OF NEW YORK, Defendants, COMPLAINT Civil Action No, 1:10-CV-1007 (NAM/DRE) JURY TRIAL DEMANDED Plaintiffs Brian Levine, John Barnett, Arthur Breen, Gregory Brown, Patricia Chichester, Chris Covert, Shelley Dross, Nancy Ferrante, Robert Godley, Annetie Grant, Constance Graves, Kathryn Jamison, William Lightbody, Mickey Massiano, William McCartney, Andrew Niven, Daniel Osborne, Michae] Resnick, Rosemary Sawyer, Linda Shaw, Thomas Sloan, John Stellar, Robin Taylor, Annette Tombolillo, Kimberly Vile, Sarah Washington and the Organization of ‘New York State Management Confidential Employees (hereinafter referred to as “OMCE”)Case 1:10-cv-01007-NAM -DRH Document 1 Filed 08/20/10 Page 2 of 24 (hereinafter collectively referred to as “Plaintiffs”), by and through their attomeys, Hinman Straub P.C., (John F. Black, Esq., and Joseph M. Dougherty Esq.), for their complaint, respectfully allege as follows: NATURE OF THE PROCEEDING 1. This is an action for: (a) deprivation of civil rights pursuant to 42 U.S.C. §§1983 and 1988 and the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution of the United States; (b) violation of plaintiffs’ rights guaranteed by Article I, §10 of the United States Constitution and Article I, §§6 and 11 of the New York State Constitution; (c) violations of the Separation of Powers pursuant to Articles II, IV, and VI of the New York State Constitution; and (4) violation of the plaintiffs’ rights pursuant to §115 of the New York State Civil Service Law. JURISDICTION 2. This Court has subject matter jurisdiction by virtue of 28 U.S.C. §§1331 and 1343, and supplemental jurisdiction pursuant to 28 U.S.C. §1367. ‘YENUE 3. Venue in this Court is proper under 28 U.S.C. §1391(b)(1) and (2), in that the offices of defendant Governor David A. Paterson and defendant Thomas P. DiNapoli are located in Albany, New York. Moreover, the acts complained of occurred in Albany, New York. PARTIES 4. Plaintiff BRIAN LEVINE is a Senior Budgeting Analyst, Grade 18 Competitive Class, employed by the State of New York and designated Management and Confidential. 5. The position of Senior Budgeting Analyst, Grade 18 is substantially similar to and shares a job description with the position of Senior Budgeting Analyst, SG-18, in the Professional, Scientific and Technical Negotiating Unit, as detailed in the Affidavit of Levine 2Case 1:10-cv-01007-NAM -DRH Document 1 4 08/20/10 Page 3 of 24 (attached as Exhibit “I"), and New York State Department of Civil Service Classification Standard (hereinafter referred to as “CS Class. Std.”) for SENIOR BUDGETING ANALYST, GRADE 18. (Attached as Exhibit 2). 6. Plaintiffs JOHN BARNETT, WILLIAM MCCARTNEY, DANIEL OSBORNE, MICHAEL RESNICK, and SARAH WASHINGTON are Supervising Parole Officers, Grade M3 Competitive Class, employed by the State of New York and designated Management and Confidential 7. The position of Supervising Parole Officer, Grade M3 Competitive Class is substantially similar to and shares a job description with the position of Senior Parole Officer, ‘SG-24 and Parole Officer $G-21 in the Professional, Scientific and Technical Negotiating Unit, as detailed in the Affidavits of Bamett, McCartney, Osborne, Resnick, and Washington (attached as Exhibits “3”, "4", “5”, ” and “7") and the CS Class. Std. for PAROLE OFFICER GRADE 21, SENIOR PAROLE OFFICER GRADE 24 and SUPERVISING PAROLE OFFICER M-3. (Attached as Exhibit “8”). 8. Plaintiffs ARTHUR BREEN, ANNETTE GRANT and CONSTANCE GRAVES are Senior Personne] Administrators, Grade M/C-18 Competitive Class, employed by the State of New York and designated Management and Confidential. 9. The position of Senior Personnel Administrator, Grade M/C-18 Competitive Class, is substantially similar to the positions of Senior Administrative Analyst, SG-18 and Senior Budgeting Analyst, SG-18, in the Professional, Scientific and Technical Negotiating Unit as detailed in the Affidavits of Breen, Grant, and Graves. (Attached as Exhibits “9”, “10” and “11") and the CS Class. Std. for SENIOR PERSONNEL ADMINISTRATOR, GRADE M/C-18 COMPETITIVE CLASS. (Attached as Exhibit “12”).Case 1:10-cv-01007-NAM -DRH Document 1 Filed 08/20/10 Page 4 of 24 10. Plaintiff GREGORY BROWN is a Park Manager 1, Grade M-1 Competitive Class, employed by the State of New York and designated Management and Confidential 11. The position of Park Manager 1, Grade M-1 Competitive Class, is substantially similar to and shares a job description with the position of Park Manager 1, SG-18 in the Professional, Scientific and Technical Negotiating Unit as detailed in the Affidavit of Brown (attached as Exhibit “13”), and the CS Class. Std. for PARK MANAGER 1, 2 &3. (Attached as Exhibit “14”. 12. Plaintiff CHRIS COVERT is a Traffic Maintenance Engineer 2, M-3 Competitive Class, employed by the State of New York and designated Management and Confidential 13. The positi mn of Traffic Maintenance Engineer 2, M-3 Competitive Class, is substantially similar to the positions of Civil Engineer 3, SG-27 and Civil Engineer 4, SG-29 in the Professional, Scientific and Technical Negotiating Unit, as detailed in the Affidavit of Covert. (Attached as Exhibit “15"), 14, Plaintiffs SHELLEY DROSS, PATRICIA CHICHESTER, KATHRYN JAMISON, ROSEMARY SAWYER, LINDA SHAW, and THOMAS SLOAN are Treatment Team Leaders, Grade M-1 Competitive Class, employed by the State of New York and designated Management and Confidential 15. The position of Treatment Team Leader, Grade M-1 Competitive Class, is substantially similar to the positions of Licensed Psychologist, SG-25; Psychologist 2, SG-25, Associate Psychologist, SG-23, Developmental Disabilities Program Specialist 2, SG-25; Mental Health Program Specialist 3, SG-25 and Mental Health Program Specialist 2, SG-23 in the Professional, Scientific and Technical Negotiating Unit, as detailed in the Affidavits of Dross, Chichester, Jamison, Sawyer, Shaw, and Sloan, (Attached as Exhibits “16”, “17”, “18, “19”, “20”, and 21”),Case 1:10-cv-01007-NAM -DRH Document 1 Filed 08/20/10 Page 5 of 24 16, Plaintiffs NANCY FERRANTE, ROBIN TAYLOR and ANNE TOMBOLILLO- hold the position of Secretary 2, Grade MC-15 Competitive Class, are employed by the State of ‘New York and are designated Management and Confidential, 17, The position of Secretary 2, Grade MC-15 Competitive Class is substantially similar to and shares a job description with the position of Secretary 2,SG-15 in the Administrative Services Negotiating Unit, as detailed in the Affidavits of Ferrante, Taylor and ‘Tombolillo (attached as Exhibits “22”, “23, and “24”), and the CS Class. Std. for SECRETARY. 2, GRADE 15. (Attached as Exhibit “25”). 18. Plaintiff ROBERT GODLEY is a Chief Psychologist, M-4, Competitive Class, employed by the State of New York and designated Management and Confidential 19. The position of Chief Psychologist, M-4, Competitive Class is substantially similar to the position of Chief Psychologist, SG-27, in the Professional, Scientific and Technical Negotiating Unit, as detailed in the Affidavit of Godley. (Attached as Exhibit “26”) 20, Plaintiff WILLIAM LIGHTBODY is a Law Department Investigator, Competitive Class, employed by the State of New York and designated Management and Confidential. 21. The position of Law Department Investigator, Competitive Class, is substantially similar to and shares a job description with the position of Law Department Investigator held by ‘members of the Professional, Scientific and Technical Negotiating Unit, as detailed in the Affidavit of Lightbody (attached as Exhibit “27"), and CS Class. Std. for LAW DEPARTMENT INVESTIGATOR I, 2, 3, & 4. (Attached as Exhibit “28”. 22. Plaintiff MICKEY MASSIANO is a Community Outreach Specialist 2, Grade 23, employed by the State of New York and designated Management and Confidential