New York Public Personnel Law: Individual disciplined for off-duty misconduct

October 05, 2011

Individual disciplined for off-duty misconduct

Individual disciplined for off-duty misconduct
Mahadio v Kerik, 298 A.D.2d 305

New York City police officer was served with disciplinary charges that alleged that while he was off-duty, he "wrongfully and without just cause displayed his weapon while making a threatening remark to a civilian" ... and that he addressed persons ... in an ethnically offensive manner.

Found guilty, Police Commissioner Bernard B. Kerik imposed the penalty of a forfeiture of 25 vacation days. The officer appealed, only to have the Appellate Division unanimously confirmed the Commissioner's determination.

The court said that substantial evidence supported the Commissioner's decision and that there was no basis to disturb his determination concerning the credibility of the witnesses testifying. As to the penalty imposed, the Appellate Division said that the forfeiture of 25 days of leave did not shock its sense of fairness, citing Kelly v Safir, 96 NY2d 32.

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