Sunday, June 24, 2012

Individual terminated after making false statements to a department investigator  
Foster v Kelly,
55 AD3d 403

New York City Police Department Commissioner Raymond Kelly dismissed a New York City police officer from his position after the officer was found guilty of making false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation.

The Appellate Division sustained the Commissioner’s decision, holding that substantial evidence supported the finding that officer was guilty of the charges filed against him. Further, said the court, “the penalty of dismissal from employment does not shock the judicial conscience,” citing Kelly v Safir, 96 NY2d 32.

The full text of the decisions is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_07960.htm


Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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