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Police officer disciplined for deliberately ignoring criminal activity

Police officer disciplined for deliberately ignoring criminal activity
Matter of Elias v Kelly, 2008 NY Slip Op 08522, Decided on November 13, 2008, Appellate Division, First Department

New York City Police Officer Lou-Ann Elias was found guilty of engaging in prohibited conduct by deliberately exhibiting ?ignorance of the criminal activity.? The penalty imposed by Police Commissioner Raymond Kelly: 40-days suspension without pay.

According to the Appellate Division, Elias was present in the home of her estranged husband and had reason to believe marijuana plants were being grown in the basement. Evidence of such knowledge said the court, was Elias? admission that her estranged husband was evasive about a room in the basement that was always kept locked and had told her about the idea to grow marijuana in the basement at least one or two weeks earlier.

In view of these facts, and Elias? using the garage that was in close proximity to the growing room from where the smell of marijuana and heat from the high intensity lamps were emanating, the court said that the finding that Elias? ?ignorance of the criminal activity was deliberate was supported by substantial evidence.?

Citing Kelly v Safir, 96 NY2d 32, the court said that the penalty imposed ? a 40-day suspension ?did not its judicial conscience and, further, was consistent with the City?s Administrative Code § 14-115(a).

The Appellate Division also noted that police discipline in New York City is subject to the Administrative Code of the City of New York and that the procedures set forth in Civil Service Law §75 are inapplicable in such cases.

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

http://www.nycourts.gov/reporter/3dseries/2008/2008_08522.htm

Full post as published by New York Public Personnel Law on November 17, 2008 (boomark / email).