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May 10, 2019

Submitting of false medical excuses to justify the employee's absences


A special officer was served with a notice of discipline that recited a number of charges and specifications alleging various acts of misconduct.

Such charges included allegations of the officer sleeping while on duty, failing to stop an unauthorized car entering the agency's garage, inappropriately seeking to have his supervisor alter his time sheet, failing to obey orders to conduct patrols every thirty minutes, submitting false medical notes as excuses for several absences, excessive lateness, and absenting himself for work without approval [AWOL].

Following a three-day disciplinary hearing, OATH Administrative Law Judge John B. Spooner sustained eight of the charges and specifications filed against the special officer.

In particular, Judge Spooner that the special officer's dishonesty was demonstrated by the special officer’s submission of no fewer than seven false medical notes, which, the ALJ opined, was shocking and, even setting aside the officer's past disciplinary record, would warrant termination.

As to the penalty to be imposed, the ALJ recommended that special officer's employment be terminated.

The decision is posted on the Internet at:


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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