New York Public Personnel Law: Employee’s guilty "plea bargain" does not preclude the appointing authority from citing the criminal charges originally filed against the employee in an administrative disciplinary action

July 05, 2019

Employee’s guilty "plea bargain" does not preclude the appointing authority from citing the criminal charges originally filed against the employee in an administrative disciplinary action

A firefighter [Respondent] was charged with violating the Fire Department’s substance policy after he was arrested for criminal possession and sale of a controlled substance. The Respondent requested that the disciplinary charge regarding sale of a controlled substance be dismissed because the criminal charges were resolved with a reduced plea of criminal possession.

Office of Administrative Trials and Hearings Administrative Law Judge Kara J. Miller found that Respondent’s guilty plea to a reduced criminal charge does not preclude the Department from charging Respondent and presenting evidence of the underlying criminal conduct that led to the arrest.

Judge Miller recommended that Respondent be terminated from his position as a firefighter after finding him guilty of both criminal possession and sale of a controlled substance.

The decision is posted on the Internet at:

http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-569.pdf

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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.