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Administrative Law Judge distinguishes between crimes prohibited by statute and actions inherently immoral and thus a crime of moral turpitude

Administrative Law Judge distinguishes between crimes prohibited by statute and actions inherently immoral and thus a crime of moral turpitude
Dep't of Sanitation v. Iocovello, OATH Index No. 195/09 (Dec. 10, 2008)
Source: OATH determinations

Joseph Iocovello, a sanitation supervisor, pled guilty to conspiracy to defraud the U.S. government by being a "runner" in an illegal gambling operation, a felony. The Department of Sanitation sought his dismissal for violating Executive Order 16, which mandates the termination of employees who are convicted of crimes relating to their office or employment or involve moral turpitude or which bear upon their fitness or ability to do their jobs, absent compelling mitigating circumstances.

ALJ Kara Miller held, first, that gambling is in the class of crimes that are prohibited by statute, rather than inherently immoral, and thus not a crime of moral turpitude.

The ALJ found a nexus between Iocovello 's crime and his employment, due in part to the fact that the organizer of the illegal gambling operation was a sanitation worker.

Iocovello presented compelling mitigating evidence, including a commendation from the Sanitation Commissioner, which was issued after respondent pled guilty to the charged crime. Therefore, Judge Miller recommended a suspension of 30 days.

Full post as published by New York Public Personnel Law on January 30, 2009 (boomark / email).