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Wednesday, April 22, 2015

A disciplinary penalty consisting of a “51 days' forfeiture” deemed already served while on prehearing suspension without pay, found appropriate under the circumstances



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.”
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:


A Reasonable Disciplinary Penalty Under the Circumstances - a 442-page volume focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition, and as an e-book. For more information click on
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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/

A Reasonable Penalty Under The Circumstances 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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