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January 02, 2024

Recent decisions by New York City's Office of Office of Administrative Trials and Hearings' Administrative Law Judges

Administrative Law Judge Seon Jeong Lee recommended a 49-day suspension without pay be imposed on an assistant deputy warden who ordered a correction officer under her command to perform personal errands for her.

The ALJ found that an Assistant Deputy Warden [ADW] had directed a Correction Officer [CO] under her command to make health juice for her and her boyfriend, shop for and deliver items to her home, and scan and transfer files onto a USB drive to assist her boyfriend in his work.

The ALJ dismissed two additional charges filed against the ADW, one alleging she failed to report to work on time and a second that she coercing an officer to partake in and conceal her misconduct. The ALJ found that the record did not support those allegations and that they were time-barred.

Considering the ADW’s lack of disciplinary history and Appointing Authority’s failure to prove all charges filed against the ADW, the ALJ recommended that ADW  be suspended without pay rather than imposing the penalty requested by the  Appointing Authority, termination of employment.

The Appointing Authority modified the ALJ's recommendation of a 49-day suspension without pay as the penalty to be imposed for the ADW's misconduct and imposed the loss of 49 days of vacation or compensatory time credits as the penalty.

Click HERE to access Judge Seon Jeong Lee's decision posted on the Internet.

 

Administrative Law Judge Tiffany Hamilton recommended a five-day suspension without pay be imposed on a correction officer who used profane language toward a person in custody. 

The Appointing Authority had filed disciplinary charges against two correction officers, Officer A and Officer B, alleging that Officer B's had failure to properly escort a person in custody resulted in an altercation involving the person in custody in which Officer A used excessive force. The Judge Hamilton dismissed all charges, except for a charge against Officer A for using profane language.

The ALJ dismissed the improper escort charge filed against Officer B, finding the  Appointing Authority failed to establish Officer B's performance fell short of the  Appointing Authority's standards or that Officer B acted unreasonably. Judge Hamilton also recommended dismissal of false reporting charges filed against both officers.

The Appointing Authority adopted Judge Hamilton's findings and recommendations.

Click HERE to access Judge Tiffany Hamilton's decision posted on the Internet.  

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A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

 

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