New York City Office of Administrative Trials and Hearings Administrative Law Judge Noel R. Garcia sustained the dereliction of duty charge, finding the hospital did prove that Aide had failed to clean two locations as directed.
Judge Garcia, however, found that although Aide's questioning of his assignment could be deemed discourteous behavior, such conduct was not insubordination. To the extent the insubordination charge was meant to encompass the Aide’s refusal to clean the locations in question, it was duplicative.
Further, the Administrative Law Judge held that the appointing authority failed to prove that the Aide's conduct disrupted hospital operations as alleged.
In line with the principles of progressive discipline, ALJ Garcia recommended a 30-day suspension, taking into consideration respondent’s prior similar conduct.
The decision is posted on the Internet at:
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