Friday, August 10, 2012

Administrative disciplinary action involving charges based on employee’s being convicted of crime


Administrative disciplinary action involving charges based on employee’s being convicted of crime
NYC Department of Sanitation v Anonymous, OATH Index No. 1159//12

A New York City sanitation police officer was served with disciplinary charges after he was convicted of possession of cocaine in federal court.

New York City’s Executive Order 16 of 1978 provides for the dismissal of any City employee who is convicted of a crime relating to their employment, “involving moral turpitude or which bears upon their fitness to perform their duties … absent compelling mitigating circumstances.” 

In defending himself in the administrative disciplinary proceeding the employee argued that his experience as a first responder on September 11 had left him with PTSD, causing depression and substance abuse. 

OATH Administrative Law Judge Ingrid M. Addison found that the individual’s conviction related to his employment as a law enforcement officer and bore upon his fitness to perform the duties of that job.  As to “mitigating circumstances” that might be a factor with respect to his misconduct, Judge Addison found his claims “insufficiently compelling” and recommended that respondent be terminated from his employment.

N.B. Public Officers Law §30.1.e provides, in pertinent part, that a public office shall become vacant “by operation of law” upon the incumbent’s “conviction of a felony, or a crime involving a violation of his oath of office…. “ A police officer is a “public officer” within the meaning of POL §30.1.e.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/12_Cases/12-1159.pdf

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/

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. 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 DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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 in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.