Labor & Employment Law

Defendant in a criminal action cannot prevent a related administrative disciplinary action from going forward

By Harvey Randall, Esq.

Defendant in a criminal action cannot prevent a related administrative disciplinary action from going forward

Matter of Marilyn Chaplin v New York City Dept. of Education, 2008 NY Slip Op 01012, Appellate Division, First Department, Decided on February 5, 2008

The New York City School District terminated Marilyn Chaplin from her position New York City schoolteacher position based on an arbitration award that found her guilty of misconduct that ?compromised her ability to function in her job and constituted unacceptable behavior.?Collins sued, contending that the award should be vacated because the arbitrator failed to adjourn the penalty phase of the disciplinary hearing.The Appellate Division said although Collins had sought and obtained stays of the arbitration proceeding in order to permit a criminal trial to take place prior to the hearing, she failed to ask for a stay of the penalty phase pending appellate review of her criminal conviction.

In any event, said the court, citing Watson v City of Jamestown, 27 AD3d 1183, ruled that a criminal defendant does not have a right to stay a related disciplinary proceeding pending the outcome of trial and a stay is not required for the protection of her constitutional rights.

The decision also notes that ?Acts of moral turpitude committed in the course of public employment are an appropriate ground for termination of even long-standing employees with good work histories.?

Full post as published by New York Public Personnel Law on March 07, 2008 (boomark / email).