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Disciplinary rulings and penalty recommendations issued by New York City OATH administrative law judges

Disciplinary rulings and penalty recommendations issued by New York City OATH administrative law judges

[Click on case citation to read the full text of the ruling]

Asking for a kiss found to be unprofessional conduct
Dep't of Housing Preservation & Development v. Brannon, OATH Index No. 1723/08 (May 23, 2008).

Administrative law judge Kevin Casey ruled that an agency attorney engaged in unprofessional and improper conduct when he approached another attorney outside of the courtroom, placed his hand on her arm and asked for a kiss. The recommended penalty was a thirty-day suspension without pay.

Special officer found guilty of wrongfully showing her badge
Dep?t of Health & Mental Hygiene v. Williams, OATH Index No. 1968/08 (May 30, 2008).

Administrative law judge John Spooner found that a special officer wrongfully displayed her badge in three off-duty incidents: once during a dispute with a laundromat attendant, and twice in discussion with a police sergeant, whom she asked to void a parking ticket because she is an officer. A sixty-day suspension was recommended.

Workers disciplined for a ?slow down? in performing their duties
Dep't of Sanitation v. Dobie, OATH Index Nos. 2092/07, 2093/07, 2094/07 & 2095/07 (May 2, 2008)

Four sanitation workers were charged with working at a slow pace and failing to complete their routes. A supervisor testified that he witnessed the workers' pace and ordered them to complete their routes. The Department also presented evidence that the sanitation workers' union asked specific districts not to clean their routes in protesting the suspension of another sanitation worker. Administrative law judge Alessandra Zorgniotti found the four workers intentionally refused to complete their assigned routes and recommended three-day suspensions for each.

Employee found guilty of willingly taking part in a fight
Dep't of Consumer Affairs v. Wilson, OATH Index No. 1402/08 (May 2, 2008).

An inspector was charged with striking and directing profanity at a supervisor. Citing to prior precedent, administrative law judge Tynia Richard found that even though the supervisor may have initiated the physical confrontation, this alone does not preclude the inspector from being disciplined for willingly taking part in the fight. She found the employee cursed at, and shoved, the supervisor instead of avoiding physical contact, and she recommended a 15-day suspension.

Employee found guilty of leaving an inappropriate voicemail message
Dep't of Finance v. Anderson, OATH Index No. 1485/08 (May 6, 2008).

Tax auditor was found to have left a discourteous and inappropriate voicemail message for a taxpayer. Although the agency sought termination, administrative law judge Zorgniotti found termination to be too severe and recommended a 45-day suspension.

Full post as published by New York Public Personnel Law on June 11, 2008 (boomark / email).