Disagreement with a superior’s directive not a defense to disciplinary charges alleging insubordination
OATH Index No. 196/12
OATH Administrative Law Judge Faye Lewis found that a correction officer had been insubordinate on two dates and recommended a 10-day suspension.
In the first instance, the employee refused to open a security gate when ordered to do so by a superior officer. He also he refused to relinquish his post to another officer when ordered.
The correction officer disagreed with the order to report to a different post, but ALJ Lewis found this was not a defense because respondent was required to follow direct orders.
The decision is posted on the Internet at: