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January 22, 2020

Employer's evidence in disciplinary hearing found to have failed to prove the alleged misconduct

Three correction officers and a captain, [Respondents], wearing with helmets which had visors and side flaps, responded to an incident between another correction officer and an inmate. The appointing authority, relying on a video of the incident, alleged one of the Respondents punched the inmate "in retaliation for being spat upon," and charged the Respondents of having filed false reports concerning the incident by not reporting a "use of force."

At the disciplinary hearing Respondents testified that as they were escorting the inmate, he turned and spat at an officer. Two individuals who were beside the inmate "immediately took him down," causing the inmate's face to hit a row of chairs.

Office of Administrative Trials and Hearings Administrative Law Judge Ingrid M. Addison recommended dismissal of the disciplinary  charges, finding that appointing authority’s evidence neither established that the inmate was struck by the other officer nor that Respondents witnessed a use of force which they failed to report.

The decision is posted on the Internet at: 

Public Personnel Law E-books

The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on

A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. Click on for more information.

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