Evidence was introduced in a disciplinary hearing held before OATH Administrative Law Judge Alessandra Zorgniotti showing that a community associate was absent on 223 occasions and late on 35 occasions during a 13-month period.
Such evidence, the ALJ concluded, proved the excessive absence and the lateness charges and specifications filed against the individual.
ALJ Zorgniotti found that although "excessive absenc" was not specifically defined by the agency's rules, the sheer number of absences proven were excessive per se and recommended that the community associate be terminated. The Appointing Authority adopted the ALJ's recommendation and dismissed the individual.
Judge Zorgniotti’s decision is posted on the Internet at: Dep’t of Buildings v. Rodriguez (in PDF) .