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March 01, 2013

The fact that subordinates failed to complete an assigned task standing alone is not sufficient to prove a charge of “failure to supervise”


The fact that subordinates failed to complete an assigned task, standing alone, is not sufficient to prove a charge of “failure to supervise”
OATH Index No. 681/13

The Department of Investigation discovered that certain sanitation workers collected and sold recyclable scrap metal, referred to as “mongo.” As a result their supervisor was charged with failure to supervise subordinates who engaged in the activity.  

OATH Administrative Law Judge Kevin F. Casey noted that the charge of failure to supervise requires more than proof that a subordinate did not complete a task; there must be proof of neglect or fault by the supervisor. 

Judge Casey recommended dismissal of the charges, finding the Department of Sanitation did not prove that there was unauthorized material on the truck in a place where the supervisor should have discovered it before the crew was sent to the dump.  

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/13_Cases/13-681.pdf

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