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Administrative Law Judge rules that misunderstanding rather than misconduct lead to disciplinary action

Administrative Law Judge rules that misunderstanding rather than misconduct lead to disciplinary action
NYC Department of Sanitation against Christopher Burgos, OATH Index No. 1557/09

New York City Office Of Administrative Trials And Hearings Administrative Law Judge Julio Rodriguez found that the NYC Department of Sanitation failed to prove that a Department supervisor engaged in misconduct by acting irrationally and refusing to answer his supervisors' questions regarding his duties.

Judge Rodriguez determined that the charges were predicated on a misunderstanding between the employee, Christopher Burgos and his supervisors concerning the location of his crew, and that the credible evidence established respondent cooperated with his supervisors' inquiry.

The ALJ also recommended dismissal of a charge that Burgos had uttered a racial slur, finding that, at most, the Department established that Burgos had a non-sanctionable disagreement with his supervisors, not that he said anything inappropriate or offensive.

The full text of the decision is posted on the Internet at:
http://www.citylaw.org/OATH/09_Cases/09-1557.pdf

Full post as published by New York Public Personnel Law on March 18, 2009 (boomark / email).