October 05, 2022

Summaries of recent decisions posted on the Internet by the New York City Office of Administrative Trials and Hearings [OATH]

                Click on text highlighted in color to access the text described.

 

Personnel

ALJ recommends termination of employment for one correction officer and 50 to 60 days’ suspension for the other officers for misconduct.

OATH Administrative Law Judge Kevin F. Casey found that three correction officers drank alcohol while on duty, two officers tampered with evidence, one officer used an unauthorized cell phone, and two officers made false statements to interviewers by denying that they consumed alcohol on duty.

Dep’t of Correction v. Wilson, Cameron, Williams, and Winfrey, OATH Index Nos. 117/22, 118/22, 119/22, 349/22, 415/22, and 487/22 (Mar. 4, 2022), adopted in part,modified on penalty in part, Comm’r Dec. (May 11, 2022).

Read more aboutDep’t of Correction v. Wilson, Cameron, Williams, and Winfrey

 

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HEREClick to Read a FREE excerpt (requires Adobe Reader). 

 

Human Rights

Respondents found to have discriminated by failing to provide an accessible entrance and a reasonable accommodation.

OATH Administrative Law Judge Ingrid M. Addison found that respondents H&M and a property management company discriminated against a disabled complainant by failing to provide an accessible entrance that afforded full and equal enjoyment, on equal terms and conditions as able-bodied persons, and by failing to provide complainant and other disabled persons with a reasonable accommodation, in violation of the New York City Human Rights Law.

Comm’n on Human Rights ex rel. McKnight v. H & M Hennes & Mauritz L.P. & BJW Realty LLC et al., OATH Index No. 905/20 (Mar. 31, 2022).

Read more about Comm’n on Human Rights ex rel. McKnight v. H & M Hennes & Mauritz L.P. & BJW Realty LLC et al.

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE.   Click to Read a FREE excerpt (requires Adobe Reader).

A Reasonable Disciplinary Penalty Under the Circumstances - The text of this publication focuses 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. For more information click HERE. Click to Read a FREE excerpt (requires Adobe Reader).