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Nominations sought for the Empire Star Public Service Award

This award recognizes exemplary employees of New York State serving in the Executive Branch.

Nominations must be submitted no later than December 15, 2017 and may be completed online.

For more information about the Empire Star Public Service Award, visit www.ny.gov/EmpireStarPublicService.

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Tuesday, March 22, 2016

Individual cannot be found guilt of misconduct not charged in the notice of discipline


Individual cannot be found guilt of misconduct not charged in the notice of discipline
Wise v New York City Human Resources Admin., 2016 NY Slip Op 01775, Appellate Division, First Department

Iris Wise was terminated from her position after being found guilty of participating in a scheme to improperly transfer cases to the East End Job Placement Center in violation of New York City’s Human Resources Administration Code of Conduct §III(1), (4), (11) and (37) and other laws and directives.

Considering Wise’s appeal, the Appellate Division ruled that the finding that Wise violated Code of Conduct §III(11) must be vacated. The court explained that Wish had not been charged with violating that section and thus had no reasonable opportunity to respond to such a charge.

In contrast, the court said that with respect to the remaining charges, substantial evidence in the form of testimony at the hearing, admissions and documentary evidence, including investigation reports, case transfer documents, lists, emails, and regional performance results, supported the administrative determination by establishing that Wise, “a deputy director ….  knowingly and actively participated with her immediate supervisors in a scheme to transfer job placement cases from other agency centers …. so as to satisfy the agency's job-placement goals for East End Centerand to reduce agency pressure on the center arising from years of under-performance.”

As to the penalty imposed by the appointing authority, termination, the court said that “under the circumstances,” such a penalty did not shock one's conscience or sense of fairness, citing Kelly v Safir, 96 NY2d 32.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_01775.htm
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