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Feb 3, 2026

A 50-day suspension without pay recommended for correction officer found guilty of possessing a personal cell phone while on duty

OATH Administrative Law Judge [ALJ] Seon Jeong Lee credited the testimony of the Respondent’s fellow correction officers, which was supported by their contemporaneous notes and reports, in finding that Respondent entered a department facility while in possession of her personal cell phone. 

While the Appointing Authority [Employer] sought termination for the proved charges, the ALJ found this penalty to be excessive citing the principle of progressive discipline and mitigating factors such as the speed with which Respondent left the facility and secured her phone on the bus after realizing it was on her person and before the start of a housing search operation. Additionally, the ALJ noted that although this was Respondent’s second offense related to making a dishonest statement, Respondent had served the Department for eight years, the underlying incident did not cause injury or risk to others, and a penalty short of termination could deter against similar misconduct in the future. 

Accordingly, the ALJ recommended the Employer impose a 10-day suspension without pay for the unauthorized possession of a cell phone and a 40-day suspension without pay for the false or misleading report.

Click HERE to access Judge Seon Jeong Lee's decision and recommended penalty posted on the Internet.

Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

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