Administrative Law Judge [ALJ] Kevin F. Casey recommended a 30-day suspension after finding that a New York City correction officer submitted a false, misleading, inaccurate, or incomplete report regarding a colleague’s use of force.
Judge Casey, however, did not sustain a companion charge that the officer failed to intervene when the same person allegedly engaged in self-harm.
In recommending a 30-day suspension, the ALJ noted that the evidence did not support a departure from the employer's Disciplinary Guidelines.
Click HERE to access the text of Judge Casey's decision setting out his findings and recommended penalty.
ALJ Orlando Rodriguez recommended termination of employment of a New York City Eligibility Specialist after the employer proved the employee failed to report to her work location for approximately four months, was absent without authorization, ignored supervisory directives, and acted aggressively and discourteously.
Judge Rodriguez noted that although the employer only proved some of the charges, the employee’s prolonged unauthorized absence alone provided sufficient grounds to terminate her employment.
Click HERE to access the text of Judge Rodriguez's decision setting our his findings and recommended penalty.
Judge Astrid B. Gloade recommended a 20-day suspension of a supervisor after finding that the supervisor failed to perform her duties efficiently and failed to properly supervise her subordinates.
The ALJ had determined that the employer had proved that the supervisor sent a letter containing confidential information about an applicant to an incorrect childcare program, that the supervisor provided incorrect guidance to a subordinate and that the supervisor had failed to meet deadlines with respect to performing certain of her responsibilities.
Judge Gloade, however, had concluded that the employer's requested penalty that the supervisor be terminated from her position was excessive given the proven charges and, in consideration of the supervisor's long service and heretofore unblemished record, recommended that the appointing authority impose a penalty of a 20-day suspension*.
Click HERE to access the text of Judge Gloade's decision setting out her findings and recommended penalty.
* A Reasonable Disciplinary Penalty Under the Circumstances - NYPPL's 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Click on http://booklocker.com/books/7401.html for more information.