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December 02, 2016

An Article 78 petition seeking the review of the disciplinary penalty imposed on an employee must raise an issue of substantial evidence to warrant Supreme Court’s transfer of the proceeding to the Appellate Division.


An Article 78 petition seeking the review of the disciplinary penalty imposed on an employee must raise an issue of substantial evidence to warrant Supreme Court’s transfer of the proceeding to the Appellate Division.

However, said the Appellate Division, “because the full record is now before this Court, this Court will retain jurisdiction to decide the proceeding on the merits in the interest of judicial economy.”

The Appellate Division then ruled that “Under the circumstances presented here, the penalty of dismissal from the petitioner's employment with the school district was not so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion,” explaining "An administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" and neither the Supreme Court nor the Appellate Division have any discretionary authority or interest of justice jurisdiction in reviewing the penalty imposed.

The test applied: Is the penalty imposed “shocking to one's sense of fairness if the sanction imposed is so grave in its impact on the individual subjected to it that it is disproportionate to the misconduct, incompetence, failure or turpitude of the individual, or to the harm or risk of harm to the agency or institution, or to the public generally visited or threatened by the derelictions of the individuals," the so-called Pell standard [Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale and Mamaroneck, Westchester County, 34 NY2d 222].

Reported: 2016 NY Slip Op 08083, Appellate Division, Second Department


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A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html
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Failure to obtain the consent of her employer's workers' compensation carrier to her settlement of a third-party action barred her from receiving further benefits.


Failure to obtain the consent of her employer's workers' compensation carrier to her settlement of a third-party action barred her from receiving further benefits.
 
Shiner v SUNY At Buffalo, 2016 NY Slip Op 07738, Appellate Division, Third Department

December 01, 2016

Bureau of Justice Statistic's Victimization Unit Chief receives Young Career Award


Bureau of Justice Statistic's Victimization Unit Chief receives Young Career Award

The Bureau of Justice Statistics' (BJS) Victimization Unit Chief Lynn Langton received the 2016 White-Collar Crime Research Consortium (WCCRC) Young Career Award at the American Society of Criminology Conference in New Orleans, Louisiana.
 
This award recognizes outstanding contributions to scholarship on white-collar crime by persons early in their professional career. Select members of the WCCRC, which was founded by and is partially maintained by the White Collar Crime Center, choose recipients based on a single work or for a series of contributions.

 

Making false statements to investigators concerning alleged misconduct


Making false statements to investigators concerning alleged misconduct

OATH Administrative Law Judge John B. Spooner recommended termination of employment of a child protective specialist found guilty of coercing a former agency client into housing a friend, mading false statements to investigators, and accessing confidential records without authorization.  

NYC Office of Administrative Trials and Hearings, OATH Index Nos. 1342/16 and  1904/16, [recommendations adopted by the appointing authority]. 

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A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

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