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June 27, 2011

Suspension of employee without pay recommended as the disciplinary penalty for insubordination.

Suspension of employee without pay recommended as the disciplinary penalty for insubordination.
New York City Dept. of Correction v Fernandez, OATH Index #1219/11

After being given an assignment by an assistant deputy warden, a correction captain went to the deputy warden’s office to angrily confront him about the assignment. The two men fought and both were injured. 

OATH Administrative Law Judge John Spooner found the captain was insubordinate in not performing the assignment as ordered and in arguing with his supervisor about the order. 

Judge Spooner also found that the captain also made false written and interview statements about the incident.

The ALJ recommended that the captain be suspended without pay for 40 days.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/11_Cases/11-1219.pdf

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