ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

June 07, 2012

Police officer dismissed after being found guilty of serving as an active volunteer firefighter while on GML §207-c leave

Police officer dismissed after being found guilty of serving as an active volunteer firefighter while on GML §207-c leave
Kaufman v Wells, 56 AD3d 674

A disciplinary hearing officer found Steve Kaufman guilty of 42 of 122 specifications of misconduct filed against him, which ultimately resulted in Kaufman’s being terminated from his position with the Town of New Castle Police Department.

New Castle, among other things, charged that Kaufman, while on leave pursuant to General Municipal Law §207-c, participated in activities as a volunteer firefighter “which demonstrated his ability to work a light-duty assignment for the police department.”

Kaufman filed an Article 78 action to review New Castle’s determination.

The Appellate Division said that "Judicial review of an administrative determination made after a hearing required by law, and at which evidence was taken, is limited to whether that determination is supported by substantial evidence."

In this instance the court found that the Town Board's determination that Kaufman was guilty of the specified acts of misconduct was supported by substantial evidence.

In addition, said the court, "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness,' thus constituting an abuse of discretion as a matter of law," citing Kreisler v New York City Transit Authority, 2 NY3d 775.”

The Appellate Division concluded that ”Considering the repeated and numerous acts of misconduct, and the serious nature of the acts, it cannot be concluded, as a matter of law, that the penalty of [termination] shocks the judicial conscience."

Finally, the court said that “there is substantial evidence in the record to support the hearing officer's determination” that the disciplinary charges were not preferred against Kaufman in retaliation for his commencement of a civil action against the Town and members of the police department.

The full text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09082.htm

=======================

General Municipal Law§§ 207-a and 207-c- a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder is available from the Public Employment Law Press. Click on http://section207.blogspot.com/for additional information about this electronic reference manual.

========================

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.