Tuesday, August 02, 2016

Recent decisions by New York City Office of Administrative Tribunals and Hearings Administrative Law Judges


Recent decisions by New York City Office of Administrative Tribunals and Hearings Administrative Law Judges


Making false and misleading statements in an official report
OATH Index No. 1619/16

A correction officer [Officer] was charged with making false and misleading statements in a written report concerning force used by another correction officer against an inmate. Video showed that the other officer pulled the inmate’s arm through the food slot and hit the inmate at least once. The Officer’s report stated that there was an “altercation” and included the word “arm” to indicate where force was applied.

Administrative Law Judge John B. Spooner found that Officer’s report was deficient because it did not provide the detail required by the use-of-force directive  but that it was not intentionally false,. Judge Spooner dismissed the charge that Officer did not report that the other officer had struck the inmate because there was insufficient proof that Officer saw a blow.

The ALJ recommended Officer be suspended without pay for 5 days. 



Improperly indicating availability for working overtime
OATH Index No. 2741/15

OATH Administrative Law Judge Kevin F. Casey found that a carpenter improperly documented his overtime availability, did not respond to his supervisors’ phone calls regarding availability for overtime, failed to keep his supervisor’s informed about his progress on assignments, disobeyed instructions for filling out timesheets, and refused to comply with orders to refrain from adding extraneous comments to work tracking forms.

Judge Casey recommended that the carpenter be suspended without pay for 20 days.


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The Discipline Book - A 458 page guide to disciplinary actions involving public officers and employees. For more information click on http://booklocker.com/books/5215.html
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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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