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October 14, 2021

Recent disciplinary action decisions issued by the New York City Office of Administrative Trials and Hearings

Administrative disciplinary action follows employee's guilty plea in criminal court

New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge Astrid B. Gloade recommended termination of employment for a sanitation worker who drove a Department of Sanitation collection truck the wrong way down a one-way street in Brooklyn and struck a pedestrian, resulting in the pedestrian’s death.

ALJ Gloade found that the worker’s guilty plea in criminal court to conduct that constitutes a failure to exercise due care precluded him from contending at his disciplinary trial that he acted reasonably.* The ALJ also found that the worker was negligent when he drove a collection truck against the flow of traffic.

Judge Gloade also sustained a charge that the worker brought discredit on the agency because he was arrested and ultimately pled guilty to conduct that generated publicity that reflected negatively on the Department. 

Charges involving the use of "time and leave" filed against the employee were also sustained but a charge of having damaged department property was dismissed.

[The Commissioner adopted the ALJ's findings and recommendation.]

* In Kelly v Levin, 81 A.D.2d 1005, the Appellate Division held if a jury finds a person guilty beyond a reasonable doubt, or the charged individual enters a plea of guilty, a disciplinary hearing officer need hear no other evidence to render a verdict of guilty regarding a parallel charge in an administrative disciplinary proceeding brought against that individual.

Click HERE to access the full text of Judge Gloade's findings and recommendation.

 

Employee disciplined for alleged inappropriate use of force against a prison inmate

 ALJ Susan J. Pogoda recommended a 60-day suspension without pay for a correction officer for inappropriate use of force, submitting a misleading use of force report, and making false statements during a post-incident interview.

Judge Pogoda found that even though the inmate became non-compliant and disruptive, the officer’s striking the inmate’s facial area was not justified as the inmate’s movement was limited by enhanced restraints and he did not pose a danger to staff.

Rejecting the officer’s defense that he was attempting to utilize a control hold, the ALj found that the officer struck the inmate in the face to gain compliance, and, further, found that the officer made misleading statements in a post-incident report and interview.

Click HERE to access the text of Judge Pogoda's findings and recommendation.

 

Correction Officer found guilty of using excessive force against an inmate

 OATH ALJ Noel R. Garcia recommended a 10-day suspension without pay for a correction officer for excessive force against an inmate by unnecessarily placing his hand on the inmate’s face. Judge Garcia found the officer’s defense that he extended his hands to try to prevent the inmate from spitting on him unpersuasive as the officer had both time and opportunity to move away from the inmate.

However, ALJ Garcia found the Department of Correction did not prove the officer made a false report because the report noted that he did apply force to the inmate’s face.

Click HERE to access the full text of Judge Garcia's findings and recommendation.

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.
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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.
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