Filing fraudulent documents to obtain a benefit
OATH Index No. 229/14
A New York City correction officer was charged with tendering fraudulent documents to obtain subsidized housing benefits, establishing residency in another state for purposes of engaging in unauthorized outside employment, and engaging in unauthorized outside employment.
OATH Administrative Law Judge Astrid B. Gloade found that the officer underreported her income to obtain Section 8 housing benefits*and that although this misconduct occurred when the employee was “off-duty” an employer may discipline an employee for off-duty misconduct where there is sufficient nexus between the conduct to be
sanctioned and the employee’s job position, citing Villanueva v. Simpson, 69 N.Y.2d 1034.
Judge Gloade also found the the employee had an unauthorized job while on a leave of absence from the Department.
The residency charge was dismissed by the ALJ, who found that the employer failed to prove that the correction officer established residency in another state for purposes of engaging in outside employment..
Judge Gloade, however, recommended that the correction officer be terminated from her position on the basis of charges that were proven by the agency.
* The employee “plead guilty to disorderly conduct (Penal Law §240.20) and agreed to pay restitution in the amount of $19,127 to the federal government within one year” with respect to her obtaining Section 8 housing benefits.
The decision is posted on the Internet at:.