ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

June 17, 2020

Individual found guilty of anonymously submitting false report alleging another employee's had engaged in misconduct terminated

A police detective [Petitioner] was served with disciplinary charges alleging he had anonymously filed a false allegation of misconduct targeting one of his supervisors with the police department's [Department] Internal Affairs Bureau [IAB]. Petitioner subsequently admitted the allegations set out in the charges and pleaded guilty to two instances of "conduct prejudicial to the good order of the department" and then "testified under oath before the Assistant Deputy Commissioner [ADC] in an effort to mitigate the penalty to be imposed.

Following a disciplinary hearing, the ADC found that Petitioner's "misconduct here constitutes extremely serious misconduct" and recommended the Police Commissioner dismiss Petitioner from his position. The Commissioner adopted the ADC's findings and recommendation and dismissed Petitioner from the Department.

Petitioner filed a CPLR Article 78 appeal challenging the penalty imposed by the Commissioner. Supreme Court granted his petition and vacated penalty of termination from the Department and remanded the matter for the imposition of a less severe penalty. The Department appealed and the Appellate Division unanimously reversed the Supreme Court's decision, on the law, and dismissed Petitioner's Article 78 action.

The Appellate Division opined that Supreme Court "erred in granting the petition to the extent of remanding the matter for the imposition of a lesser penalty." Citing Kelly v Safir , 96 NY2d 32, the court said that in matters of police discipline  "great leeway must be accorded to the Commissioner's determinations concerning the appropriate punishment, for it is the Commissioner, not the courts, who is accountable to the public for the integrity of the Department."

The decision notes that Petitioner "lied to IAB twice, acted with premeditation, and sought to have the [supervisor] that he reported to IAB face negative consequences as a result." As the ADC noted in the decision issued following Petitioner's disciplinary hearing, Petitioner's untruths:

[1] had an adverse impact on the supervisor, who had to defend himself against the false claim; and

[2] required the Department and IAB to spend significant time investigating Petitioner's false complaint.

The Appellate Division said that in Kelly v Safir, 96 NY2d 32, the Court of Appeals, quoting from Pell v Board of Education of Union Free School District. No. 1 of Towns of Scarsdale and Mamaroneck, 34 NY2d 222, held that in adjudicating disciplinary matters the penalty imposed by the appointing authority "must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law." 

Considering the record, the Appellate Division concluded that the Commissioner's imposing the penalty of termination was not so disproportionate to the offenses committed by Petitioner as to shock one's sense of fairness and the vacated the Supreme Court's order and dismissed the Article 78 petition "in its entirety."

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2020/2020_01716.htm

________________________

A Reasonable Disciplinary Penalty Under the Circumstances

 Determining an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/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 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.
New York Public Personnel Law Blog Editor 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.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.