New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Michael D. Turilli recommended the termination of employment of a deputy sheriff [Deputy] he found had stolen contraband from an evidence storage container.
Judge Turilli determined that on two occasions Deputy was seen on a surveillance video tape exiting the evidence storage container with unidentified objects concealed under his clothing and taking the objects to his car. The ALJ rejected Deputy’s explanation that he had been carrying a mini-tablet and a phone rather than contraband, finding this testimony inconsistent with the video evidence in consideration of the shape of the objects and the manner in which Deputy was carrying them.
Further, the ALJ found that Deputy had made efforts to conceal the objects from video surveillance, which would have been unnecessary if he was removing work-related equipment and not contraband.
ALJ Turilli, however, recommended dismissal of specifications filed against Deputy for stealing or facilitating the theft of contraband on ten other occasions, ruling Employer failed to prove those charges by a preponderance of credible evidence.
Recommending the Employer terminate Deputy's employment, the ALJ opined that Deputy’s lack of disciplinary history did not outweigh "the egregiousness of the misconduct and his demonstrated lack of integrity".
Click HERE to access Judge Turilli's findings and recommendation posted on the Internet.
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