New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Michael D. Turilli recommended dismissal of charges against the Respondent, an emergency medical technician [EMT] employed by the New York City Fire Department [FDNY] in its Bureau of Emergency Medical Services [EMS] after the FDNY failed to prove the EMT's alleged misconduct.
FDNY had alleged that four posts EMT had displayed on his personal Facebook account contained offensive gender-based content in violation of FDNY's Social Media Policy, EEO Policy, and Code of Conduct.
Noting that EMT had not identified himself as an EMT nor as a FDNY employee on his personal Facebook account, the posted content Facebook did not directly relate to EMT’s employment and that there was no evidence that any of EMT’s co-workers viewed or were likely to view the Facebook posts at issue, the ALJ held that there was an insufficient nexus between EMT’s off-duty conduct and his employment as an EMT by NYFD to establish misconduct.
The ALJ also found that "the First Amendment" protected EMT’s online speech from discipline and opined that EMT’s posts related to matters of public concern in that they touched upon issues of gender identity, public education, and diversity but there was insufficient evidence to establish the potential for a hostile work environment at FDNY or disruption to the public perception of EMS.
Accordingly, the ALJ recommended the dismissal of the disciplinary charges served on EMT.
Click HERE to access Judge Turilli's findings and ALJ's recommended disposition of the matter posted on the Internet.