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September 04, 2019

Recent Decisions issued by Administrative Law Judges of the New York City Office of Administrative Trials and Hearings


Below are summaries of recent OATH Administrative Law Judge's decisions.  To ascertain whether the ALJs' recommendations were adopted by the appointing authority please call OATH's calendar unit at 1-844-628-4692.


Worker alleged to be under the influence of drugs while on duty
OATH Index No. 1530/19

A worker, who was found unconscious at work, was charged with possessing and being under the influence of drugs while on duty and being absent without leave. Administrative Law Judge Ingrid M. Addison sustained the charges that the employee was under the influence of drugs while on duty but dismissed the absence charge.

Termination of the worker’s employment was recommended by the appointing authority, but because the employee’s problems appeared to have started following a line of duty injury, Judge Addison suggested that the appointing authority consider placing the individual on a leave of absence to allow him to return when fully rehabilitated.

The appointing authority adopted Judge Addison's findings and recommendation.

The decision is posted on the Internet at:


Special officer alleged to have used excessive force against a client
OATH Index No. 2742/18

A special officer [SO] was charged with using excessive force against a client at a New York City job center. The charges filed against the officer alleged that he kicked the client hard in the face and pulled the client’s arm when the client was already held in a prone position on the floor by several other officers. SO denied the charges filed against him.

In the course of a four-day trial, the appointing authority offered seven witnesses and SO offered three. ALJ Noel R. Garcia credited the appointing authority’s witnesses, found that SO guilty of serious misconduct, and recommended termination of his employment. 

The decision is posted on the Internet at:


Employee charge with targeting a co-worker with inappropriate, aggressive and threatening language 
OATH Index No. 1863/19

An employee was charged with twice accosting a fellow employee and addressing  inappropriate, aggressive and threatening language to the co-worker.

During trial the appointing authority presented the testimony of four employees. Testifying on her own behalf, the charged employee denied having used any inappropriate or aggressive language.

ALJ Addison found the appointing authority’s witnesses credible and sustained the charges. Considering the charged employee’s long service with the agency,  Judge Addison recommended a penalty of 40 days’ suspension without pay, "with credit for time served."

The decision 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