Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Recent decisions issued by the New York Office of Administrative Trials and Hearings

By Harvey Randall, Esq.

Recent decisions issued by the New York Office of Administrative Trials and Hearings
Source: OATH December 2007 determinations

Filing a false report
In a disciplinary proceeding, a correction officer was found guilty of erroneously discharging an inmate, submitting a false report, and giving false testimony about the incident. The evidence established that the respondent failed to notify officers of a new warrant issued for an inmate who was released in his own recognizance following an appearance in Brooklyn Criminal Court. ALJ Alessandra Zorgniotti recommended a sixty-day suspension because of the respondent's dishonesty and attempts to shift the blame to another officer. Dep't of Correction v. Woodford, OATH Index No. 2188/07 (Dec. 21, 2007).

Placement on Civil Service Section 72 Leave
ALJ Kara Miller rejected the Police Department's attempt to place an administrative aide on an involuntary leave of absence under section 72 of the Civil Service Law. ALJ Miller found that the respondent's disability was in remission and that the Department failed to prove she is currently mentally or physically unfit to perform her duties. ALJ Miller recommended that the respondent be reinstated to her position because the Department's speculation as to the consequences of a recurrence of respondent's condition does not justify a finding that she is unfit to work at this time. Police Dep't v. Cornick, OATH Index No. 536/08 (Dec. 7, 2007).

Failure to perform duties satisfactorily
ALJ Zorgniotti recommended demotion for an eligibility specialist who was unable to perform her duties satisfactorily despite constant monitoring and extra support from her supervisors. Respondent was also guilty of discourtesy to her supervisors, but in light of the respondent's long tenure and lack of prior disciplinary record, the ALJ recommended demotion to a position in which she could be productive. Human Resources Admin. v. Hampton, OATH Index No. 517/08 (Dec. 12, 2007).

Video evidence used in disciplinary hearing
In an employee discipline case, video evidence established a special officer permitted a psychiatric patient to be admitted with his belt and shoelaces and made a lengthy personal phone call while on duty. ALJ Julio Rodriguez also found that the officer slapped a female patient across the face and said, "I am simply doing my job." The ALJ recommended that the respondent be terminated. Health and Hospitals Corp. (Woodhull Medical & Mental Health Center) v. Goodman, OATH Index No. 1632/07 (Dec. 14, 2007).

Full post as published by New York Public Personnel Law on January 18, 2008 (boomark / email).