Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Failing to report wrongful conduct by another member of the Police Department results in a forfeiture of 30 days of vacation credits

Failing to report wrongful conduct by another member of the Police Department results in a forfeiture of 30 days of vacation credits
Matter of D'Andrea, et al v Kelly, 2010 NY Slip Op 04234, decided on May 18, 2010, Appellate Division, First Department

New York City Police Commissioner found Gary D?Andrea and a number of other police officers serving with the Department, guilty of failing to report wrongful conduct by another member of the Police Department. The penalty imposed: forfeiture of 30 vacation days.

The officers appealed, contending that the Commissioner?s determination should be annulled because "the fact that there was a leak of information was known to everyone at the [Applicant Processing Division] and [they] ? reasonably believed that the [Police Department] knew the source of the leak."

The Appellate Division dismissed their appeal, commenting that ?Substantial evidence supports the finding that [the police officers], having improperly provided confidential information to a fellow officer, failed to notify proper authorities when [they] learned that the information had been leaked to a newspaper reporter."

The court also rejected the officers? argument that the Department Advocate conceded that they "committed no misconduct when they provided the confidential information to the fellow officer."

The court?s rationale: ?Regardless of whether the argument is correct as a matter of fact, it is wanting as a matter of law because [the police officers] knew that the leak had occurred and did not report it even though they unquestionably had information relevant to the issue of who had committed the misconduct."

Noting that the Assistant Deputy Commissioner who presided over the hearing in this matter considered "the otherwise fine service records" of the officers involved in determining the appropriate penalty for their misconduct, the Appellate Division said that the penalty imposed ?does not shock our conscience.?

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_04234.htm

Full post as published by New York Public Personnel Law on May 20, 2010 (boomark / email).