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Court rules that suffering from a posttraumatic stress disorder does not excuse firefighter?s use of illegal drugs

Court rules that suffering from a posttraumatic stress disorder does not excuse firefighter?s use of illegal drugs
Matter of Kelly v Scoppetta, 2008 NY Slip Op 08490, Decided on November 5, 2008, Appellate Division, Second Department

New York City Fire Commissioner Nicholas Scoppetta dismissed Firefighter Thomas Kelly from his position after Kelly was found guilty three charges of misconduct.

Kelly had tested positive for cocaine during a drug test administered by the Fire Department. He also admitted to using cocaine on several occasions while employed as a Firefighter by the Department in the course of the disciplinary hearing.

Citing Murolo v Safir, 246 AD2d 653, the Appellate Division found that the determination that Kelly knowingly ingested cocaine ?while employed by the Fire Department of the City of New York is supported by substantial evidence and therefore may not be set aside.?

Applying the Pell Doctrine [34 NY2d 222], the court said that ?the penalty of dismissal was not so disproportionate to the offenses as to be shocking to one's sense of fairness,? despite evidence that the petitioner suffered from posttraumatic stress disorder.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08490.htm

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