This was the recently issue in an Article 78 suit brought of remedy a security clearance revocation for old criminal convictions. The Court addressed the issue of whether an alcohol counselor was seeking “membership” in a law enforcement agency. The court answered this question in the negative and ordered reinstatement of the security clearance for the Petitioner.
The issues addressed were:
Does the Law enforcement exception to Corrections Law 23-a apply? Applicants or candidates for law enforcement positions are exempt from the protections of Corrections Law Article 23-a. Respondent’s argued that the Petitioner was to be treated as a civilian licensed or seeking a license to work in a correctional facility or “to be hired by a law enforcement agency.”
The Court held that “…it is undisputed that Petitioner’s license, rather than employment, is in issue, the law enforcement exemption is inapplicable.”
The Court ordered: the revocation of the security clearance vacated and Respondents directed to reinstate the Petitioner.
Read about this Article 78 employment law case here.