TO RESEARCH NYPPL POSTINGS type in your key word in the box at the upper left and tap enter.

Monday, October 07, 2013

Off-duty misconduct



Off-duty misconduct
2013 NY Slip Op 06085, Appellate Division, First Department

The Appellate Division unanimously affirmed NYC Police Commissioner Raymond Kelly’s dismissal of a police officer found guilty of discharging his weapon “in the direction of his former girlfriend during an altercation” while off-duty. The court said that there was substantial evidence to support the Commissioner’s finding.

In addition, the Appellate Division noted that the officer was also found guilty of the charges that he was “out of residence while on sick report” and provided false information concerning his absence based on his guilty plea to the allegations.

The police officer’s argument that the hearing officer “improperly placed the burden of proof on him” was rejected by the court as the record indicated that Department satisfied its burden of proving that the officer had committed the acts charged and the hearing officer determined that the officer’s testimony did not rebut the Department’s evidence. 

Citing Featherstone v Franco, 95 NY2d 550, the court said that the penalty of termination did not shock its sense of fairness.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_06085.htm

No comments:

Post a Comment

Handbooks focusing on New York State and Municipal Public Personnel Law:

The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. A 1900+ page e-book. For more information click on http://booklocker.com/books/5215.html

The Layoff, Preferred List and Reinstatement Manual - a 435 page handbook reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://booklocker.com/books/7401.html

General Municipal Law§§ 207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.html

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Readers may share material posted in NYPPL with others provided attribution to NYPPL is given.

Copyright© 1987 - 2014 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.