ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

July 30, 2018

Making false statements concerning the employee's performance of his or her duties

Making false statements concerning the employee's performance of his or her duties
NYC Office of Administrative Trials and Hearings, OATH Index No. 1147/18
NYC Office of Administrative Trials and Hearings, OATH Index No. 1244/18

In OATH No. 1147/18 a New York City Emergency Medical Technician was served with disciplinary charges alleging that he had failed to prepare a patient care report after observing an injured individual and with making false statements about the incident.

The EMT contended that he was not required to write a report because the person refused treatment and did not show signs of injury.

OATH Administrative Law Judge Astrid B. Gloade found that the patient’s injuries were visible and that the EMT’s statement to the contrary was false.

Judge Gloade also found that the EMT's failure to complete a patient care report and document that the patient's refusal of medical treatment violated the Department’s rules.

The ALJ recommended that the EMT be suspended without pay for 40 days, which recommendation was adopted by the Appointing Authority.

In the second case, OATH Index No. 1244/18, New York City Office of Administrative Trials and Hearings Administrative Law Judge KEVIN F. CASEY found a New York City correction officer guilty of charges that he used excessive force and sexually assaulted an inmate, submitted a false report and lied to investigators about his conduct.

The correction officer contended that he was not guilty of the charges and argued that the alleged victim lied to pursue a civil suit.

Judge Casey credited the complainant's claim that correction officer repeatedly kicked him in the ankles, groped him, and used sexually suggestive and demeaning language towards him.

The ALJ found that correction officer falsely denied that he used force in his report and investigatory interview in an effort to conceal his misconduct and recommended imposing a penalty of a 60-day’ suspension without pay, with credit for time served.

The Appointing Authority adopted Judge Casey’s findings of fact, but she imposed the penalty of termination of employment.

The decision involving the EMT is posted on the Internet at:

The decision involving the correction officer is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com