Recent decisions by NYC Office of Administrative Tribunals and Hearing Administrative Law Judges
Click on link in highlighted in color to access the text of the decision
Unnecessary use of force on inmates
OATH Index No. 156/16
ALJ Alessandra F. Zorgniotti found that a New York City correction officer violated the Department's use of force directive on two occasions by using unnecessary force on inmates who were restrained and also filing a false report.
ALJ Zorgniotti recommended termination of the correction office's employment.
Employee served with disciplinary charges after complaining about being denied a "day off" on a holiday
OATH Index No. 2686/15
OATH Administrative Law Judge Kevin F. Casey recommended dismissal of charges alleging an New York City Environmental Police Officer was guilty of “conduct prejudicial to good order and discipline by using inappropriate language” to a superior after finding that the Department failed to show that the officer engaged in misconduct when he complained to a supervisor about being denied the day off on a holiday, in this instance Christmas Day.
The ALJ found that the employee’s supervisor had consented to his repeating his complaint to his co-workers and held that “[a] verbal disagreement or expression of dissatisfaction with a supervisor is not always misconduct, even in a paramilitary setting.”