ALJ Christine Stecura recommended dismissal of charges against Respondent, a correction officer, after Petitioner failed to prove that Respondent had engaged in undue familiarity with detainees.
Petitioner, the Department of Correction, brought disciplinary charges against Respondent, an investigator with the Correction Intelligence Bureau (“CIB”), for allegedly standing by a partially obscured open cell door that blocked her from camera view while speaking to detainees, giving and receiving unidentified items to and from detainees, and using her cell phone in front of detainees.
Petitioner relied on security camera footage, and testimony from an investigator and an assistant deputy warden in charge of CIB, to support its allegations.
Respondent did not dispute that she spoke with detainees at length in the housing areas or used her cell phone in front of detainees but argued that her conduct was related to her work duties as a CIB investigator, which requires speaking with detainees to build rapport and gain intelligence. Testimony from the retired warden of the facility and the assistant deputy warden in charge of CIB bolstered Respondent’s testimony.
Regarding the allegation that Respondent gave and received unidentified items from detainees, the ALJ concluded that the video evidence showed Respondent passing a paper bag out of camera view to detainees standing behind a cell door. It also showed Respondent on another occasion removing a bag from her pocket, moving it out of camera view behind a cell door, and then returning the bag to her pocket.
However, Petitioner failed to show that in either instance impermissible items were given or received, or that Respondent’s actions violated security procedures.
Accordingly, the ALJ recommended dismissal of all charges against Respondent.
Click HERE to access Judge Stecura's findings and recommendation posted on the Internet.