December 31, 2010

Dismissal recommend after employee is found guilty of off-duty misconduct that violated employer’s rules

Dismissal recommend after employee is found guilty of off-duty misconduct that violated employer’s rules

OATH Administrative Law Judge Alessandra Zorgniotti recommended that Sheron Dixon, a New York City probation officer charged and found guilty of being arrested in violation of Department rules, using profanity towards police officers, resisting arrest, spitting upon a police officer, and failing to notify the Department of her arrest and conviction of disorderly conduct, be terminated.

Although the incident occurred while the probation officer was off-duty, Judge Zorgniotti found that Dixon was subject to disciplinary action because there was a nexus between the misconduct and her official duties.

Further, the ALJ found that the Department had proved that Dixon had been AWOL from her position.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/11_Cases/11-156.pdf

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