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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