New York Public Personnel Law: Individual dismissed after being found guilty of stealing from a fellow employee

June 13, 2012

Individual dismissed after being found guilty of stealing from a fellow employee

Individual dismissed after being found guilty of stealing from a fellow employee

Clinkscales v Kelly, 2012 NY Slip Op 04287, Appellate Division, First Department

New York City Police Commissioner Raymond Kelly dismissed a police officer found guilty of disciplinary charges that alleged that the officer had stolen a money order from a fellow officer and deposited it in her bank account.

Holding that there was substantial evidence to support finding the officer guilty of the charges filed against her, the Appellate Division then addressed the issue of the officer’s request for an adjournment of the hearing pending the disposition of the complaining officers' related disciplinary charges.

The court ruled that the officer was not deprived of due process as her counsel agreed to the scheduled hearing date, knowing that the minutes, but not the decision, in the related matter were available. Indeed, the decision reports that the officer had a copy of the complaining officers' testimony in the related hearing.

Further, said the court, the decision in the related matter was not probative of any issue in the officer’s disciplinary proceeding.

As to the penalty imposed, dismissal, the Appellate Division said that it did not shock its sense of fairness, citing Kelly v Safir, 96 NY2d 32.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2012/2012_04287.htm

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