Appellate court upholds North Syracuse's decision to fire codes officer accused of sexual harassment

North Syracuse, NY - A state appeals court has upheld the village of North Syracuse’s decision to fire a former codes officer accused of sexual harassment. Phil Drury was fired last September following a Civil Service disciplinary hearing. Drury initiated legal action challenging his termination as the village codes enforcement officer and fire marshal. In a ruling Friday, the...

View full sizeFile photo by John Berry / The Post-Standard (2004)Former North Syracuse Codes Enforcement Officer Phil Drury poses in his office shortly after he was hired in 2004. The village fired Drury last year.

North Syracuse, NY - A state appeals court has upheld the village of North Syracuse’s decision to fire a former codes officer accused of sexual harassment.

Phil Drury was fired last September following a Civil Service disciplinary hearing.

Drury initiated legal action challenging his termination as the village codes enforcement officer and fire marshal.

In a ruling Friday, the state Supreme Court Appellate Division in Rochester decided the village’s action was supported by “substantial evidence.”

“We further conclude that, under the circumstances of this case, the penalty of termination of employment does not constitute an abuse of discretion as a matter of law,” the court wrote.

Drury said Tuesday that he hadn’t seen the appellate court’s decision. His lawyer, D. Jeffrey Gosch, could not be reached for comment.

Drury, who began working for the village in 2004, was suspended without pay in December 2008 following the allegations of sexual harassment.

Three women who accused Drury of sexual harassment were not village employees.

“The village board deems that the conduct alleged to have occurred and as set forth in the charges and specifications is improper, inappropriate and unbecoming of an officer in Mr. Drury’s position as codes enforcement officer and fire marshal,” according to a resolution issued by the board in early 2009.

Drury has said the charges are false.

After the Civil Service hearing, a hearing officer recommended that Drury be dismissed. The board agreed with the decision and fired Drury on Sept. 10, 2009.

Catie O’Toole can be reached at cotoole@syracuse.com or 470-2134.