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May 5, 2026

OATH Administrative Law Judge recommends the Appointing Authority suspend the employee for 30-day without pay rather than terminate the employee found guilty of misconduct

New York City's Office of Administrative Trials and Hearing [OATH] Administrative Law Judge [ALJ] Michael D. Turilli recommended that a 30-day suspension without pay be imposed as the disciplinary penalty on the Respondent, an Office of the Chief Medical Examiner (“OCME”) motor vehicle operator, rather that terminating the employee from the position as proposed by the appointing authority. 

OCME alleged that Respondent acted negligently by entering a decedent’s home unaccompanied by the police officer who waited outside and brought OCME into disrepute when the New York Post reported that he was criminally charged with stealing a handbag from the decedent. 

The ALJ granted Respondent’s motion to preclude footage from the officer’s body worn camera after finding that such footage was sealed by New York State's Criminal Procedural Law as official records relating to Respondent’s arrest and prosecution, but permitted the introduction of surveillance video because recordings made in a private building in the regular course of business are not official records. 

Relying on the recordings, OCME employee testimony, and documentary evidence, the ALJ found that Respondent inefficiently, negligently, or carelessly performed his duties by entering decedent’s apartment without police supervision in violation of an unambiguous agency directive and OCME’s common practice. 

However, the ALJ found that OCME failed to prove Respondent brought the agency into disrepute, finding that while the New York Post article may have brought OCME negative attention, it focused on the theft of the bag, a criminal charge of which Respondent was acquitted, and which was neither alleged nor proven at Petitioner's OATH trial. 

Accordingly, the ALJ found that the 30-day suspension, rather than termination from the position, was the appropriate penalty to impose on Respondent under the circumstances.   

Click HERE to access Judge Turilli findings and recommended penalty.


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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