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Nominations sought for the Empire Star Public Service Award

This award recognizes exemplary employees of New York State serving in the Executive Branch.

Nominations must be submitted no later than December 15, 2017 and may be completed online.

For more information about the Empire Star Public Service Award, visit www.ny.gov/EmpireStarPublicService.

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Wednesday, February 06, 2013

Decisions by OATH Administrative Law Judges

Decisions by OATH Administrative Law Judges
New York City Office of Administrative Trials and Hearings

Technical guilty of failing to follow hospital procedure
Recommended penalty: 30-suspension without pay recommended

An ultrasound technician was charged with failing to follow hospital procedures requiring that a patient’s name and medical record number be placed on each image of the patient’s echocardiogram. Without the required identifiers, the reviewing cardiologist could not prepare his report, and the patient had to return to re-take the test.

Though the hospital sought the penalty of termination of employment, Administrative Law Judge Tynia D. Richard recommended a 30-day suspension, noting that the misconduct, while serious, was a single error and caused no harm except inconvenience.

The decision is posted on the Internet at:


Employee found guilty of sexually harassing female co-workers
Penalty recommended: termination

Administrative Law Judge Spooner found that a pharmacy technician sexually harassed two female co-workers by forcibly grabbing one from behind and pressing himself against her, and by forcibly kissing the other employee three times. Termination of employment was recommended.

The decision is posted on the Internet at: 
Health & Hospitals Corp (Elmhurst Hospital Ctr.) v. Polepalle (in PDF), OATH Index No. 142/13

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.

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