ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

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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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.
New York Public Personnel Law. Email: publications@nycap.rr.com