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Confrontations with a superior results in the loss of vacation leave accruals

Confrontations with a superior results in the loss of vacation leave accruals
Muniz v Giuliani, 282 A.D.2d 246

The Appellate Division, First Department, sustained the penalty of a suspension without pay for twenty days imposed on New York City police officer Clifford Muniz after Muniz was found guilty of continuing to argue with his desk sergeant after the sergeant had instructed him to leave the precinct house following the morning roll call and the assignment of duties.

Noting that Muniz's testimony supported a finding of guilty, the court said that the penalty imposed "does not shock our sense of fairness."

Subsequently Muniz forfeited an addition 10 vacation days after being found guilty of engaged in conduct prejudicial to the Police Department while off-duty [Muniz v. Giuliani , 282 A.D.2d 343].

Again the Appellate Division said that ?The penalty of a forfeiture of 10 vacation days is not so disproportionate to the offense that petitioner was found to have committed as to be shocking to our sense of fairness,? citing Trotta v Ward, 77 NY2d 827.

Full post as published by New York Public Personnel Law on May 25, 2010 (boomark / email).