Employee terminated after being found guilty of misappropriation of employer's equipment for personal use and other charges of misconduct

Faye Lewis, a New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] recommended a sanitation worker [Respondent] found guilty of misusing or misappropriating a New York City Department of Sanitation's collection trucks for his personal use, used racist and profane language toward police officers, and engaged in other act of misconduct be terminated from his position.*

Respondent was found guilty of using the Department’s sanitation trucks to collect furniture and refuse outside his house.

In a separate incident, after being arrested for driving while intoxicated, Respondent directed multiple racial slurs and obscenities to police officers and a Department supervisor. Although Respondent was off-duty at the time of his arrest, the ALJ determined that Respondent may be disciplined for the misconduct because there is a sufficient nexus between Respondent’s comments toward the Department supervisor and his position as a city employee, as well as Respondent’s comments to the police officers and Respondent public-facing job as a sanitation worker. 

The ALJ further found that Respondent’s intoxication was not a defense, noting that while intoxication may have been a contributing factor, Respondent did not establish that it was the sole cause for his multiple racist statements.

Respondent also failed to report another arrest to the Department and inappropriately took sick leave for the time he was in police custody. 

The ALJ also sustained charges of Respondent's being absent without from work without permission and committing sick leave violations.

Taking into account Respondent’s substantial disciplinary history, the ALJ determined that termination was the only appropriate penalty to be imposed on Respondent and so recommended to the appointing authority. Commissioner Jessica S. Tisch accepted and implemented Judge Lewis' recommendation.

* In the words of the Administrative Law Judge: "I find that respondent: engaged in the unauthorized use of a Department collection truck on the morning of January 3, 2020, and later lied about it to FIAT [The Department of Sanitation's Field Investigations Audit Team]; misappropriated a Department collection truck on the evening of January 3, 2020, and later failed to cooperate with an official investigation about the misappropriation; used derogatory language toward police officers and a Department supervisor; violated sick leave rules on three occasions; and was AWOL three times. I recommend that respondent’s employment be terminated."

Click HERE to access Judge Lewis' decision posted on the Internet.