Labor & Employment Law

Global positioning device used to prove employee falsified records

Global positioning device used to prove employee falsified records
Matter of Leo Gustafson v Town of N. Castle, N. Y, 45 A.D.3d 766, Appellate Division, Second Department

Leo Gustafson, an assistant building inspector with the Town of North Castle, was charged with falsifying official records with respect to where he was while on duty. The Hearing Officer found Gustafson guilty of misconduct. The Town adopted the Hearing Officer?s findings.

According to the decision, Gustafson was assigned a town vehicle for the purpose of making field inspections in connection with his employment. The vehicle had a global positioning system installed that transmitted information to the town?s computer reporting the vehicle?s location and movements. Based on this information, the Town charged Gustafson with falsifying town records as to his whereabouts.

This, said the Appellate Division, constituted substantial evidence to support the determination that Gustafson was guilty of falsifying town records.

As to Gustafson?s challenge to the penalty imposed, dismissal, the court said that ?the penalty of dismissal was not so disproportionate to the offense as to be shocking to one?s sense of fairness,? citing Matter of Pell v Board of Education of Union Free School District No 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, among other decisions.

Full post as published by New York Public Personnel Law on May 13, 2008 (boomark / email).