Unblemished record mitigates discipline penalty

Unblemished record mitigates discipline penalty

Matter of Gailband, 78 A.D.2d 853

The New York City Housing Authority, dismissed an employee and stated “in no uncertain terms, its view of the seriousness of the (employee’s) conduct.”

The Appellate Division, however, ruled that “under the totality of the circumstances at bar, including an unblemished record of more than 15 years duration, the penalty of dismissal was grossly disproportionate to the nature of (the employee’s) misconduct so as to be shocking to one’s sense of fairness.

The court then went on to indicate that it would ordinarily remand the case to the agency for appropriate reconsideration, but as the Authority had strongly and unequivocally condemned the conduct, and as any lesser penalty would increase the Authority’s potential liability for back pay, it would fix the penalty to be imposed.

The Appellate Division ordered the reinstatement of the employee with back pay for absence in excess of three months (including the 30 day suspension period imposed by the Authority in accordance with Section 75 of the Civil Service Law) less unemployment benefits, if any, and any amount [the employee] earned while “dismissed”.

Short v. Nassau County Civil Service Commission, 59 AD2d 157 sets forth some guidelines to be followed in cases such as this.

Court voids arbitrator’s award

Court voids arbitrator’s award

Uniformed Firefighters Association v. City of New York, 76 A.D.2d 392, Motion for leave to appeal denied, 52 N.Y.2d 702

The City of New York filed an petition pursuant to Article 75 of the Civil Practice Law and Rules seeking to vacate an arbitrator’s award that held that the City could not implement its plan to use civilian workers in fire prevention inspector titles.

The court held that the City had the authority and responsibility to allocate its financial resources in a manner it felt most appropriate to prevent fires.

The Appellate Division also observed that “the decision to utilize civilians rather the uniformed firefighters to perform inspection functions is consonant...with the City’s agreement with the Uniformed Firefighters Association and proper”.

Punitive damages awarded for failure to act to prevent sexual abuse of students

Punitive damages awarded for failure to act to prevent sexual abuse of students G.G. v Grindle, U.S. 7th Circuit Court of Appeals, Docket 10-3506 

The Seventh Circuit Court of Appeals affirmed an award of compensatory and punitive damages based on a jury finding a school administrator failed to prevent the sexual abuse of several female students by their teacher.

The teacher had pled guilty to multiple counts of aggravated kidnapping and aggravated criminal sexual abuse.

The award for damages, said the court, was justified in view of the administrator’s failure to act, noting that the administrator advanced “no basis for invalidating the jury’s determination that her conduct justified the imposition of punitive damages.”

The decision is posted on the Internet at:

http://law.justia.com/cases/federal/appellate-courts/ca7/10-3506/10-3506-2011-11-23-opinion-2011-11-23.html