Recent determinations by New York City’s Office of Administrative Trials and Hearing Administrative Law Judges
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Off-duty misconduct
A correction officer committed misconduct when she got into an off-duty fight in an optical store; pulled down a display case, broke mirrors, threw a chair at the optician, advanced toward him while brandishing a piece of broken glass and grabbed the optician in a bear hug. ALJ John B. Spooner recommended that the officer be suspended for 60 days. Dep't of Correction v. Chapple, OATH Index No. 325/15
Lack of documentation for Emergency Leave
ALJ Kevin F. Casey found that a sanitation supervisor failed to provide proper documentation for emergency leave, was absent without leave, failed to remain accessible for a home visit, and wore unauthorized sneakers on duty. ALJ Casey recommended dismissal of a charge that supervisor was out of residence without authorization while on sick leave. Penalty recommended was 52 days' suspension. Dep't of Sanitation v. James, OATH Index No. 1789/14 (Oct. 24, 2014), adopted, Comm'r Dec
Insubordination
A supervisor in the Adult Protective Services Unit was charged with insubordination when she failed to conduct six home visits and refused to attend a mandatory forum. ALJ Kara J. Miller found that the charges were proven. Taking into consideration the supervisor’s long tenure and minimal disciplinary history, Judge Miller recommended a penalty of ten days suspension without pay. Human Resources Admin. v. Brown, OATH Index No. 38/15 (Oct. 3, 2014).
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