New York Public Personnel Law

Feb 15, 2023

Recent personnel disciplinary decisions issued by the New York City Office of Administrative Trials and Hearings

Click on the text highlighted in color to access the full text of the decision.

Violating the employer's attendance and leave policy

Administrative Law Judge Christine Stecura recommended a 79-day suspension for a sanitation worker charged with 51 complaints of violating his employer’s time and leave policy during a 14-month period, including failing to document emergency leave, providing inadequate documentation, and failing to remain accessible while on sick leave.

Judge Stecura sustained the charges and recommended suspension in lieu of termination due to substantial mitigating circumstances as most of the sanitation worker’s absences involved caring for his child, who had a serious medical condition, and the worker subsequently obtained approved leave for this purpose.

Dep’t of Sanitation v. D.L., OATH Index No. 2434/22

Video evidence of employee misconduct

Supervising Administrative Law Joan R. Salzman recommended a 30-day suspension for a TLC Inspector who cursed at his supervisors, moved aggressively toward them, and forcibly pushed away a colleague who was trying to stop him.

The Inspector denied wrongdoing, despite video evidence showing him pushing his colleague.

Although Inspector had no prior disciplinary history, Judge Salzman found that the gravity of the employee's violent conduct, combined with employee's refusal to take responsibility for his actions, warranted a 30-day suspension.

Taxi & Limousine Comm’n v. Urena-Santos, OATH Index No. 527/23 (Dec. 23, 2022), adopted, Comm’r Dec.

Board member alleged to have made false statements on his application for membership

Administrative Law Judge Jonathan Fogel recommended dismissing charges against a community board member because the community board did not prove that the member had made two false statements on his application to become a board member.

ALJ Fogel declined to dismiss the charges on procedural grounds, however, finding that the charges were properly brought under the New York City Charter and although the application predated the member's service as a board member, it is part of the community board member's personnel file and "his membership on the board".

Brooklyn Community Board 13 v. Greenberg, OATH Index No. 1574/22

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.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.