Police officer disciplined for attempting to “fix tickets”
2015 NY Slip Op 02686, Appellate Division, First Department
After a disciplinary hearing the hearing officer found the police officer was guilty of asking other officers for help in preventing the “prosecution of summonses issued to other individuals” on two occasions.
The Police Commissioner, adopting the findings of the hearing officer, determined that the police officer had engaged in conduct prejudicial to the good order, efficiency or discipline of the police department. The penalty imposed: a one year of suspended-dismissal probation, a five days suspension without pay and the forfeiture of 25 vacation days.
In response to the police officer’s appeal the Appellate Division unanimously confirmed the Police Commissioner’s determination which decision the court held was supported by substantial evidence.
The Appellate Division commented that the inference of the hearing officer that police officer had attempted to prevent “the prosecution of summonses” on two occasions was rationally based on police officer's admission that he requested another officer take care of summonses "[a] couple of times," explaining that it perceived no basis in the record for disturbing the hearing officer's credibility findings.
The decision is posted on the Internet at:
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