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

Labor & Employment Law

: New York Public Personnel Law

Credibility determinations in a disciplinary hearing

By Harvey Randall, Esq.

Credibility determinations in a disciplinary hearing
Swakeen v New York City Health & Hospitals Corp., 39 A.D.3d 287

Bensam Swakeen, an operating room technician employed by New York City?s Health and Hospitals Corporation [HHC], was found guilty of misconduct and suspended for 30 days without pay. He appealed, seeking to annul the Corporation?s Personnel Review Board affirming the determination.

The Appellate Division decided that the administrative determination was neither irrational nor arbitrary and capricious as there was evidence in the record that Swakeen was absent from work for almost two hours and submitted altered documents during the fact-finding hearing in an effort to prove his presence during an operation.

The court said that the Review Board ?properly concluded that the administrative law judge?s credibility determinations should not be disturbed, since ?credibility determinations are the province of the Hearing Officer.??

Full post as published by New York Public Personnel Law on January 24, 2008 (boomark / email).