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

August 07, 2023

Administrative Law Judge recommended termination of Correction Officer found guilty of failing to report for duty on numerous occasions and certain other acts of misconduct

New York City Office of Administrative Trials and Hearings Administrative Law Judge Julia H. Lee recommended termination of employment for a New York City Correction Officer [Officer] found guilty of certain charges of failing to report for duty and being absent without leave on numerous occasions.

Judge Lee found Officer had repeatedly refused lawful orders to work overtime, arrived late to work on over 200 dates, and failed to perform her duties in a timely and efficient manner.

Officer did not deny the time and leave violations but contended that being ordered to work beyond her regular hours damaged her health and well-being. The ALJ rejected this argument, finding that Officer’s health concerns were not a defense and did not amount to a medical emergency under the health and safety exception to the “obey now/grieve later” principle.

Although the charges served on Officer were sustained in part and were dismissed in part, and the fact that Officer had no prior disciplinary history, Judge Lee recommended Officer's termination, opining that dismissal was warranted due to the number of violations and the officer’s unwillingness to accept responsibility for her those acts of misconduct for which the ALJ found her guilty.

Click HERE to access Judge Lee's decision and recommendation posted on the Internet.

 

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.