Correction officer found guilty of disciplinary charges alleging using profanity during an altercation and activating two personal body alarms

New York City Office of Administrative Trials and Hearings Administrative Law Judge Joycelyn McGeachy-Kuls recommended a 50-day suspension for a Correction Officer [CO] who engaged in misconduct by using profanity during an altercation and activating two personal body alarms (PBA).

CO had requested to not work overtime due to her health conditions. Despite her request, CO was assigned to work overtime. When CO attempted to leave at the end of her shift, another correction officer refused to open the gate because Employee had not been relieved from her post.

Judge McGeachy-Kuls found that during the ensuing altercation CO used profanity toward another correction officer and a correction captain, activated two PBAs when there was no emergency, and left her post without proper relief.

However, the ALJ found that the Appointing Authority failed to prove that Employee refused an order to submit a report or that she refused to identify herself to a correction captain.

As the ALJ found that the Department did not prove all of the charges and specifications filed against Employee, Judge McGeachy-Kuls decided that a lesser penalty was appropriate and recommended a 50-day suspension without pay in lieu of recommending imposing a 60-day suspension without pay as requested by the Appointing Authority. 

Click HERE to access Judge McGeachy-Kuls decision posted on the Internet.