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February 27, 2012

Hearing officer recommends correction officer found to have fraternized with an inmate be dismissed

Hearing officer recommends correction officer found to have fraternized with an inmate be dismissed
NYC Department of Corrections v Tillery, OATH Index #467/12

OATH Administrative Law Judge John B. Spooner sustained charges that a correction officer engaged in undue familiarity with an ex-inmate and made false statements about the relationship.

Judge Spooner found the officer’s testimony that the two had never met before the ex-inmate had completed his sentence lacked credibility, considering that the officer had worked in the same dormitory where the inmate was incarcerated for three months under her supervision.

Noting that respondent’s false statements were nearly as troubling as the misconduct itself, the ALJ recommended termination of the officer’s employment.

Other decisions addressing workplace fraternization issues include: Vega v Dept. of Correctional Services, 588 NYS2d 202; Laspisa v Mahoney, 603 NYS2d 536; State of New York v Wal-Mart Stores, 207 A.D.2d 150; and DeCintio v Westchester County Medical Center, 821 F2d 111

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/12_Cases/12-467.pdf

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