Julia H. Lee, a New York City Administrative Law Judge [ALJ] with the New York City Office of Administrative Trials and Hearings [OATH] recommended the termination of the Respondent, finding that the Employer had established that Respondent violated its rules by engaging in off-duty misconduct that led to his arrest and conviction for unlawful surveillance in the second degree.
Respondent was arrested in and charged with unlawful surveillance in the second degree for recording a sexual encounter without consent. At the time of his arrest, Respondent was working as a health assistant technician [HAT]. After his arrest, Respondent was suspended for 30 days and reassigned as a telecommunications associate where his job duties included maintaining cellphones. In May 2023, Respondent had pleaded guilty to one count of unlawful surveillance in the second degree.
While the Respondent did not dispute that his conviction had a nexus to his duties as an EMT, he contended that there was no nexus between his conviction and his current duties as a telecommunications associate.
Noting that Respondent had transfer to his current position as a result of his arrest which prevented him from continuing his work as a HAT, the ALJ found that there was a nexus between Respondent’s conviction for unlawful surveillance and his duties as an EMT and as a HAT, both of which involve private medical procedures and confidential employee health information.
The ALJ further noted that the crime to which respondent pleaded guilty involved the surreptitious recording of a woman during sexual activity, an act evincing moral turpitude and a violation of the Department’s regulations and code of conduct.
The ALJ recommended the Appointing Authority terminate Respondent.
Click HERE to access Judge Lee's decision and recommendation posted on the Internet.