But states that COB nepotism law is invalid for civil service positions and may be invalid in other instances as well
The Federal Court for the Southern District of New York has dismissed Richard Sassi, Jr.'s defamation claim stating that, in the context of the complaint, the claim had no merit. At the same time Judge Brieant stated that the City's nepotism law was invalid with regard to civil service positions and that the law may be invalid in other instances as well.
Richard Sassi, Jr's suit alleged that Councilman Kyriacou conspired with the Mayor, City Administrator, and all members of the City Council to terminate his father's employment with the City and, failing in that effort, created a new nepotism law in order to, "...retaliate against the Plaintiff by prohibiting his promotion within the Police Department so long as his father remained the Chief of Police." The suit also stated that the sole target of the new nepotism law was Richard Sassi, Jr., and that, on various occasions, Councilman Kyriacou attempted to defame Sassi, Jr. with the intent of harming his police career.
The judge ruled that, while the nepotism law was invalid, the Council, with regard to statements made about Sassi, Jr., was, "...acting within its legislative function...," and that Sassi, Jr. is not entitled to any monetary compensation from any of the council members, the Mayor, administrator, or the City as a result of their actions. But the judge’s ruling does state that Sassi Jr.’s claims are still valid with regard to the nepotism law itself, which may, at some future point, require the nepotism law to be rescinded.
Court's ruling available here.
Thanks to TDH for untangling the legalese.