New York Public Personnel Law: Recommended disciplinary penalty rejected

September 12, 2011

Recommended disciplinary penalty rejected

Recommended disciplinary penalty rejected
NYC Dept. of Sanitation v Yovino, OATH Index Nos. 890-91/00

The Yovino case illustrates the fact that the appointing authority is not bound to follow the recommendation of a hearing officer regarding the penalty to be imposed upon an employee found guilty of disciplinary charges.

Michael Yovino, a New York City Department of Sanitation employee, was served with disciplinary charges alleging diminished productivity, insubordination, involvement in a vehicle accident, and being AWOL.

Although the Office of Administrative Tribunals and Hearings [OATH] recommended that Yovino be suspended without pay, the Commissioner, without explanation, dismissed Yovino.

Similarly, the appointing authority may reject a hearing officer's determination as to an employee's guilt, provided such a determination is supported by the disciplinary hearing record.

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