May 18, 2014

Acting beyond the scope of one's duties


Acting beyond the scope of one's duties
2014 NY Slip Op 03586, Appellate Division, First Department

The Police Commissioner of the City of New York terminated the employment of a New York City police officer [Plaintiff] based on substantial evidence Petitioner “unnecessarily acted outside his role as an undercover officer and discharged his firearm in violation of department guidelines.”

The Appellate Division sustained the Commissioner’s decision, commenting that under the circumstances “The penalty of termination is not so disproportionate to the offense as to shock the conscience,” citing Kelly v Safir, 96 NY2d 32.

The decision is posted on the Internet at:


A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://booklocker.com/books/7401.html

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