A New York City police officer [Petitioner] was found guilty of seven disciplinary charges that had been filed against him, including charges alleging that he had engaged in a physical altercation with his former girlfriend; violated an order of protection; knowingly associated with an individual believed to be engaged in criminal activities in contravention of a direct order; made a misleading statement during an official New York Police Department [NYPD] interview; and conducted personal inquiries on an NYPD computer". The penalty imposed on Petitioner by the New York City Police Commissioner: dismissal from his position.
The Appellate Division unanimously confirmed the Commissioner's decision to dismiss Petitioner from his position, noting "Substantial evidence supports the finding that [Petitioner] is guilty of seven disciplinary charges [filed] against him".
In the words of the Appellate Division, "The Hearing Officer was entitled to find that [Petitioner's] alibi evidence lacked credibility" and the "dismissal of criminal charges against [Petitioner] related to the altercation and the violation of the order of protection" does not undermine NYPD's determination, as "NYPD can impose discipline for a broad range of conduct . . . even if that conduct is not criminal".
Noting that it had no discretionary authority to review Petitioner's unpreserved challenges to the admission of sealed arrest records at the disciplinary hearing, NYPD's reliance on Civil Service Law §75, or the reliability of the hearing transcript", the court, citing Khan v New York State Dept. of Health, 96 NY2d 879, and other decisions, said it had considered and rejected Petitioner's remaining "due process challenges to the evidentiary hearing, at which he was represented by counsel".
As to the penalty imposed on Petitioner by the Commissioner, dismissal from his position with NYPD, the court opined that "The penalty of termination is not disproportionate to the severity of [Petitioner's] conduct, particularly in light of his disciplinary history".
Click HERE to access the Appellate Division's decision posted on the Internet.
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