ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

April 11, 2014

Video evidence considered by the administrative law judge presiding at a disciplinary hearing

Video evidence considered by the administrative law judge presiding at a disciplinary hearing
OATH Index No. 266/14

The employee, a maintainer at the Verrazano Bridge, duties include driving tow trucks and assisting disabled vehicles. He was charged with several acts of dangerous and insubordinate behavior, and making false statements.

OATH Administrative Law Judge Alessandra F. Zorgniotti credited a driver’s testimony that the employee tailgated her car, cursed her over a loudspeaker, and threw a water bottle into her vehicle, while he was en route to assist a disabled car.

Based on video footage, ALJ Zorgniotti also found that the employee intentionally caused a wrecker to make contact with a co-worker in order to intimidate him. Even though employee had no prior disciplinary record,

Judge Zorgniotti found that employee’s “reckless and unpredictable behavior renders him unreliable”, and recommended termination of employment.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/14_Cases/14-266.pdf

.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, 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.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.