Labor & Employment Law

Employee?s objection to the introduction of a ?911 recording? in a disciplinary hearing rejected

Employee?s objection to the introduction of a ?911 recording? in a disciplinary hearing rejected
Matter of Raeshan Dockery v New York City Hous. Auth., 2008 NY Slip Op 0475, Decided on May 27, 2008, Appellate Division, First Department

Raesham Dockery was terminated from his employment with the New York City Housing Authority after being found guilty of disciplinary charges alleging he had violated the Authority?s policy ?against violence in the workplace.? Dockery challenged the decision, contending that ?911 recordings? were improperly admitted into evidence.

The Appellate Division rejected Dockery?s objection, noting that:

The 911 recordings were properly admitted into evidence at the disciplinary hearing since they were not official records relating to petitioner's arrest or prosecution, and thus were not subject to the sealing statute, citing Matter of Harper v Angiolillo, 89 NY2d 761; and

Even assuming the 911 recordings were subject to the sealing statute, "the mere reception of erroneously unsealed evidence at petitioner's disciplinary hearing does not, without more, require annulment of [the agency's] determination."

Confirming the Authority?s determination, the court, there was evidence sufficient to establish that Dockery violated the Housing Authority's policy even if the ?911 evidence? was not considered.

Finally, the Appellate Division sustained the penalty imposed, dismissal, commenting that it ?does not shock the conscience? of the court.

Full post as published by New York Public Personnel Law on May 29, 2008 (boomark / email).