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Monday, May 25, 2015

Substantial evidence of guilt of “serious” offences supports imposing the penalty of dismissal from employment



Substantial evidence of guilt of “serious” offences supports imposing the penalty of dismissal from employment
2015 NY Slip Op 04252, Appellate Division, First Department

The New York City Police Commissioner dismissed a New York City police officer from his position following an administrative disciplinary hearing. The Appellate Division sustained the Commissioner’s determination and the penalty the Commissioner imposed.

The court said that there was substantial evidence supporting the findings that the police officer:

1. Committed larceny by withdrawing money from his girlfriend's bank account without consent;

2. Made false statements in an accident report; and

3. Had been absent on “an unapproved absence” and made false statements regarding a separate purported approval of an absence.

Characterizing the police officer’s offences as “serious” and noting that the Commissioner "is accountable to the public for the integrity of the Department," the Appellate Division said that the penalty of termination “does not shock our sense of fairness,” citing Kelly v Safir, 96 NY2d 32.

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

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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