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A police force is a quasi-military organization and its members are subject strict discipline

A police force is a quasi-military organization and its members are subject strict discipline
Matter of Lundy v City of Oswego, 2009 NY Slip Op 00772, Decided on February 6, 2009, Appellate Division, Fourth Department

George Lundy sued the City of Oswego and its mayor in an effort to annul a Civil Service Law Section 75 determination terminating his employment as Oswego?s Chief of Police.

The Appellate Division found that the disciplinary determination was supported ?by the requisite substantial evidence, i.e., ?such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact? and it could not substitute its judgment for that of the Mayor.

In addition, the court said that if concluded that imposing the penalty of termination in this instance did not constitute an abuse of discretion as a matter of law, citing Matter of Kelly v Safir, 96 NY2d 32. As a police force is a quasi-military organization ?demanding strict discipline,? the appointing authority must be given great leeway in determinations concerning the appropriate punishment to be imposed based on finding of guilt.

The full text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_00772.htm

Full post as published by New York Public Personnel Law on February 12, 2009 (boomark / email).