Tuesday, November 29, 2011

Inconsistent determinations void discipline finding

Inconsistent determinations void discipline finding
Fogerty v. Connelie, 76 A.D.2d 987

The three member board found the employee not guilty of one charge, but guilty of a number of other charges.

The appointing officer found the employee guilty of all the charges after “acceptance of the board’s findings and conclusions” and imposed the penalty of dismissal.

The Court annulled the determination, holding that “(a) comparison of Connelie’s decision and that of the hearing board establishes that the two determinations are inconsistent in that Connelie, but not the board, found Fogerty guilty of all the specifications in the first charge”.

Also missing from the appointing authority’s decision were the reasons relied upon by Connelie for the dismissal of Fogerty.


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