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Thursday, June 18, 2015

Discourteousness, refusal to follow directives and failure to accept work assignments lead to employee’s dismissal from the position



Discourteousness, refusal to follow directives and failure to accept work assignments lead to employee’s dismissal from the position2015 NY Slip Op 04746, Appellate Division, First Department

The New City Commissioner of Police Commissioner terminated the services of a civilian employee [Petitioner] of Police Department after she was found guilty of a number of disciplinary charges.

The Appellate Division sustained the Commissioner’s decision.

The court said that substantial evidence supported the determination that Petitioner had engaged in numerous acts of misconduct, including:

1. Discourteousness to coworkers and supervisors;

2. Refusal to follow the directives of her supervisors; and

3. Failure to accept appropriate work assignments.

Although Petitioner contends that the uniformed police personnel were hostile to her because of her union activities, she admitted making some of the charged statements and refusing to accept work assignments.

The Appellate Division also observed that “The record reflects that testimony of a civilian employee also supported some the allegations of misconduct.”

Finding no basis to disturb the credibility determinations of the Hearing Officer, the court said that the penalty of termination did not shock its sense of fairness in view of the number of incidents involved, and given Petitioner's prior disciplinary record.

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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