New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] Joycelyn McGeachy-Kuls recommended the dismissal of all disciplinary charges filed against a correction officer [CO] by her employer, the New York City Department of Corrections [Department]. The Department had alleged that the CO failed to report for duty on 15 occasions.
Department, seeking a 30-day suspension, charged the CO did not have authorization for these 15 absences. CO did not dispute her absences but testified that she requested personal emergency leave on each of the 15 occasions cited in accordance with the Department's procedure due to a lack of childcare for her seven-year-old daughter.
For five of the CO’s absences, the ALJ dismissed the misconduct charges because the Department’s own evidence established that the Department granted the CO's leave requests for those days of absence.
Addressing the remaining ten absences, Judge McGeachy-Kuls found that CO proved she followed Department procedures for requesting personal emergency leave by contacting her superior and presenting extensive evidence in support of her request for each such absence and submitted written documentation in support of her request upon her return to duty.
As the Department did not challenge nor dispute the CO's compliance with its procedures, the Administrative Law held that Department was required to establish why the CO’s leave requests were denied to prove misconduct on the part of the CO. The ALJ found that the Department did not make such a showing and that it failed to inform CO that it denied her requests and provide reasons for the denials.
Accordingly, Judge McGreach-Kuls found that the Department failed to prove the charges it had filed against the CO and recommended the appointing authority dismiss all charges.
The Department of Correction's Commissioner adopted the ALJ’s findings and recommendation in full.
Click HERE to access the Hearing Officer's findings and recommendation posted on the Internet.