Friday, April 11, 2014

Video evidence considered by the administrative law judge presiding at a disciplinary hearing

Video evidence considered by the administrative law judge presiding at a disciplinary hearing
OATH Index No. 266/14

The employee, a maintainer at the Verrazano Bridge, duties include driving tow trucks and assisting disabled vehicles. He was charged with several acts of dangerous and insubordinate behavior, and making false statements.

OATH Administrative Law Judge Alessandra F. Zorgniotti credited a driver’s testimony that the employee tailgated her car, cursed her over a loudspeaker, and threw a water bottle into her vehicle, while he was en route to assist a disabled car.

Based on video footage, ALJ Zorgniotti also found that the employee intentionally caused a wrecker to make contact with a co-worker in order to intimidate him. Even though employee had no prior disciplinary record,

Judge Zorgniotti found that employee’s “reckless and unpredictable behavior renders him unreliable”, and recommended termination of employment.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/14_Cases/14-266.pdf

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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/

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