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Tuesday, June 16, 2015

Termination a reasonable disciplinary penalty under the circumstances



Termination a reasonable disciplinary penalty under the circumstances
2015 NY Slip Op 04923, Appellate Division, First Department

Holding that substantial evidence supported the determination that the police officer “disobeyed a lawful order of her supervisor and engaged in conduct prejudicial to the good order, efficiency or discipline of the police department,” the Appellate Division said imposing the penalty of dismissal from the police force is not so disproportionate as to shock the conscience, citing Matter of Kelly v Safir, 96 NY2d 32.

The court said that the record showed that the officer “failed to obey two orders directing her to go out on assignment and then, by her actions, challenged and threatened her supervisor.”

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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