ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

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.


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. AGAIN, 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, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.