A disciplinary penalty consisting of a “51 days' forfeiture” deemed already served while on prehearing suspension without pay, found appropriate under the circumstances
2015 NY Slip Op 02913, Appellate Division, First Department
Supreme Court annulled the New York City’s Police Commissioner finding an employee [Employee] of the New York City Police Department [NYPD] guilty of multiple disciplinary charges filed against Employee and the penalty imposed by the Commissioner: 51 days' forfeiture, deemed already served while on pretrial suspension.”
2015 NY Slip Op 02913, Appellate Division, First Department
Supreme Court annulled the New York City’s Police Commissioner finding an employee [Employee] of the New York City Police Department [NYPD] guilty of multiple disciplinary charges filed against Employee and the penalty imposed by the Commissioner: 51 days' forfeiture, deemed already served while on pretrial suspension.”
The Police Commissioner appealed and the Appellate Division unanimously reversed the lower court’s ruling “on the law” and reinstated the penalty set by the Commissioner.
The Appellate Division noted that Employee had been found guilty of multiple disciplinary charges stemming from a variety of circumstances by a hearing officer including:
Accessing police computer information for personal purposes,
Supplying a resident address different from that of her actual address to obtain more favorable insurance rates, and
Patronizing an unlicensed establishment that served alcohol.
The court also noted that Employee’s at the NYPD reflected two prior disciplinary matters, one of which stemmed from “a DWI arrest” and resulted in a penalty of, among other things, one year on “dismissal probation.”
Under the circumstances, said the Appellate Division, the penalty imposed by the Commissioner was not so disproportionate to Employee's offenses “as to be shocking to one's sense of fairness” and found no basis to disturb the penalty imposed on Employee.
The decision is posted on the Internet at:
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