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Wednesday, October 27, 2010
Court permits tape-recorded statements provided by informants to be admitted into evidence in an administrative disciplinary hearing
Matter of Safir, 261 AD2d 153
A police officer was dismissed from his position after he was found guilty of conspiring with a “chop shop owner” to have at least one car stolen on his behalf. The evidence presented against the officer consisted of the testimony of the investigating officers and a tape recording containing statements by three informants.
The police officer challenged his termination, contending that the police commissioner’s determination was not supported by substantial evidence. The Appellate Division disagreed, holding that the record made during the disciplinary proceeding contained substantial evidence of the officer's guilt of the charges filed against him.
The court said that the tape-recorded statements, although hearsay, were properly received as part of the evidence against the officer. The decision noted that the reliability of the informants’ statements was corroborated by their internal consistency, by facts disclosed in the investigation and, in part, by the officer’s own testimony.
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The Discipline Book - A 458 page guide to disciplinary actions involving public officers and employees. For more information click on http://booklocker.com/books/5215.html
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
The Disability Benefits E-book: - This e-book focuses on disability benefits available to officers and employees in public service pursuant to Civil Service Law §§71, 72 and 73, General Municipal Law §207-a and §207-c, the Retirement and Social Security Law, the Workers’ Compensation Law, and similar provisions of law. For more information click on: http://booklocker.com/3916.htmlA Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html
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