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Feb 25, 2026

Petitioner found guilty of violated a NYPD policy prohibiting discourteous, disparaging, or disrespectful remarks based on membership in a protected class

The New York City Police Department [NYPD] demoted Petitioner from probationary captain to lieutenant effective March 17, 2023. On December 12, 2023, the Department, after a disciplinary hearing, approved the finding of the Assistant Deputy Commissioner of Trials that Petitioner was guilty of employment discrimination and imposed a penalty of the loss of 30 day of vacation.

The Appellate Division unanimously denied Petitioner's appeal of NYPD's disciplinary action taken against Petitioner, finding that substantial evidence supported the Department's determination that Petitioner violated a NYPD policy prohibiting discourteous, disparaging, or disrespectful remarks based on membership in a protected class.

Petitioner had admitted that he stated to a group of subordinates that he "prefer[s] two female officers not riding in the same car" and that "a female officer might not be able to handle some situation[s] ... because most of the female officers don't have upper body strength" and "need a male officer to help in a fight." Two other officers who were present testified that Petitioner also suggested that two women officers, if partnered together, will "gossip." 

The Appellate Division said, based on the testimony of Petitioner's two subordinates who witnessed the comments, the NYPD had a rational basis to conclude that Petitioner had made "disparaging remarks" about women in violation of NYPD procedure. 

The Appellate Division's decision noted that "... assuming [Petitioner's] preference for mixed-gender patrol assignments was grounded in genuine concerns for officer safety and community engagement, the Hearing Officer reasonably concluded that the message [Petitioner] communicated was that women officers cannot handle themselves in the field".

Further, opined the Court, "Contrary to [Petitioner's] contention, the NYPD need not prove that [Petitioner's] conduct would be actionable under the New York City Human Rights Law in order to discipline Petitioner for making 'disparaging' remarks. On the contrary, the Police Commissioner is authorized "to discipline officers for violations of NYPD rules and codes of conduct", citing the Administrative Code of City of NY §14-115[a]".

As to Petitioner's challenge to his prehearing demotion from probationary captain to lieutenant, the Appellate Division held that the challenge was time-barred because Petitioner commenced this proceeding "more than four months after that decision became final on March 17, 2023" nor did NYPD create any ambiguity about the finality of the decision to demote Petitioner or suggest that it was contingent on the outcome of the disciplinary hearing  as "the letter notifying [Petitioner] of [Petitioner's] demotion to lieutenant clearly communicated its effective date." 

Click HERE to access the Appellate Division's decision 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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