Correction officer terminated after being found guilty of "undue familiarity" with an incarcerated person

 

A New York City correction officer [CO] charged with "undue familiarity" after giving an incarcerated person [detainee] gifts and making false and, or, misleading statements to investigators about such alleged misconduct. New York City Office of Administrative Trials and Hearings' Supervising Administrative Law Judge Joan R. Salzman recommended that appointing authority terminate CO after finding CO guilty of such offenses.

CO was captured on surveillance video greeting the detainee in a friendly manner called “dapping”* and detainee giving CO three packages opaquely wrapped in brown paper, including one package CO then concealed inside his uniform shirt.

During the employer's investigation, CO told investigators in an MEO 16 interview that he could not recall what food he gave to this detainee, who that very day had headbutted another correction officer and was known to CO as the assaultive, highest-ranking gang member in an area referred as the North Infirmary Command, "even though one would expect the CO to recall what he gave to this notorious detainee" directly after a memorable assault by this very detainee on a colleague of CO.

Instead, CO told investigators and testified at trial that he gave two servings of extra chicken to the detainee (even though it was “Chicken Sunday,” and chicken had already been served that day), but CO could not recall whether the items in his uniform shirt consisted of a banana or packets of sugar or packets of mustard.

CO told investigators that he gave food items to this detainee in order to “keep the peace,” and that he had done so on a few occasions with this detainee previously. At hearing, however, CO deviated from his prior statements, and testified that he gave extra food because detainee was sick and hungry, and that he had never previously given this detainee any food.

The Supervising ALJ found CO’s testimony problematic, evasive, exceptionally vague, and incredible. Judge Salzman concluded that CO’s misconduct breached the good order and discipline required in a jail facility, and after weighing the mitigating and aggravating factors, recommended termination.

* "Dapping" is a term used to describe "two men tapped their opposite shoulders together in a half-hug and shaking hands".

Click HERE to access Judge Salzman's decision posted on the Internet.

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A Reasonable Disciplinary Penalty Under the Circumstances

An e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

 

Appeal to the Commissioner of Education dismissed for lack of proper service

Petitioners appealed a Board of Education's determination that their child, a high school student, was "not entitled to a medical exemption" from the immunization requirements of Public Health Law §2164.*  The appeal also named the high school principal and a school nurse as “Individual Respondents”.  The Commissioner dismissed Petitioners' appeals "for improper service."

The Commissioner's decision notes that 8 NYCRR 275.8 [a] of the Regulations of the Commissioner of Education requires that such petitions be personally served upon each named respondent.  Further, if a school district is named as a respondent, service upon the school district is to be made personally by delivering a copy of the petition to the district clerk, to any trustee or any member of the board of education, to the superintendent of schools, or to a person in the office of the superintendent who has been designated by the board of education to accept service of an appeal to the Commissioner of Education.

Although Petitioners’ affidavits of service indicated that they had served the Individual Respondents, the Individual Respondents denied this allegation, stating that they had received the petitions "from district employees who are not authorized to accept service on their behalf."  

Citing Appeal of Barrientos, 58 Ed Dept Rep, Decision of the Commissioner No. 17,450 and other Decisions of the Commissioner of Education and noting that Petitioners "did not submit a reply or otherwise respond" to the Individual Respondents’ claims of improper service, the Commissioner opined that "on this record" she could not conclude that Petitioners served a copy of the petition on any of the named Individual Respondents as required by §275.8 (a) of the Commissioner’s regulations and dismissed their appeals.

* Public Health Law §2164 address immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease, and hepatitis B.

Click HERE to access the Commissioner's decision posted on the Internet. 

 

Former New York University finance director pays over $660,000 in restitution for role in multi-million dollar fraud

On April 26, 2024, State Comptroller Thomas DiNapoli and Manhattan District Attorney Alvin L. Bragg Jr. announced that Cindy Tappe, former director of finance and administration at New York University, paid full restitution of $663,209 after pleading guilty to grand larceny for orchestrating a $3.5 million, 6-year fraud relating to two NYU programs, announced today.

“Cindy Tappe executed a scheme to support her lavish lifestyle at the expense of children with special needs and young English Language learners. She is now a convicted felon and has paid back the money she stole,” DiNapoli said. “I thank District Attorney Bragg for his partnership in the investigation and in bringing her to justice.”

“Cindy Tappe has now been sentenced for diverting funds that were intended to benefit students for her own personal gain. Her fraudulent actions not only threatened to affect the quality of education for students with disabilities and multilingual students but denied our city’s minority- and women-owned business enterprises a chance to fairly compete for funding,” Bragg said. “I thank the New York State Comptroller’s Office for its partnership as we continue to root out fraud in Manhattan. Those who take advantage of our students and businesses will be held accountable.”

Tappe, 59, used her position as the director of finance and administration for NYU’s Metropolitan Center for Research on Equity and Transformation of Schools (the “Metro Center”) to divert approximately $3.5 million intended for minority- and women-owned businesses. She ultimately routed $3.3 million to bank accounts held by two shell companies she created by using subcontractors to serve as pass throughs. None of the subcontractors performed work on the contracts. Instead, they took between 3% and 6% of the invoice amounts as “overhead,” and sent the remainder of $3.352 million to Tappe’s fictitious shell companies.

Tappe used some of the funds for NYU payments and employee reimbursements but kept more than $660,000 to pay for personal expenses, including renovations to her home and an $80,000 swimming pool.

Tappe, of Westport, Conn., pleaded guilty to one count of grand larceny. She was sentenced to serve five years’ probation and paid full restitution in the amount of $663,209.07 at the time of sentencing. The subcontractors also repaid $150,000.

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at https://www.osc.state.ny.us/investigations, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.