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November 27, 2024

Administrative Law Judge recommends the termination of an administrative director found guilty of knowingly approved a subordinate’s fraudulent timesheets

New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Jonathan Fogel recommended termination of employment for an administrative director [Respondent] who knowingly approved a subordinate’s fraudulent timesheets, made false timesheet entries on his behalf, and failed to verify the accuracy of his timesheets. 

The ALJ found that on numerous occasions from 2017 to 2022, Respondent submitted and approved a subordinate’s timesheets even though she knew that the subordinate was not at work. 

The ALJ did not credit Respondent’s explanation that her CityTime account may have been “compromised,” and rejected Respondent’s argument that she had approved the timesheets in good faith, finding that Respondent failed to address why she took affirmative steps to record and approve specific work hours for her subordinate, including overtime, when he was not working and was instead traveling out of state. 

Although Respondent has been employed by the agency since 2008, received favorable performance reviews in recent years, and has no disciplinary history, the ALJ concluded that termination is an appropriate penalty because Respondent's  repeated and deliberate dishonesty over several years demonstrated a lack of integrity. 

Click HERE to access Judge Fogel's findings and recommendation posted on the Internet.


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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