Applying the principles of progressive discipline
A hospital housekeeping aide [Aide] was served with disciplinary charges alleging Aide was guilty of duty, insubordination, and engaging in disruptive behavior.
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:http://archive.citylaw.org/wp-content/uploads/sites/17/oath/20_cases/20-1.pdf________________
A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page volume 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. For more information click on http://booklocker.com/books/7401.html ________________
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL.
For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf.
Accordingly, the information and case 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