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Reconsideration of a disciplinary penalty

Reconsideration of a disciplinary penalty
Gillen v. Smithtown Library Bd. of Trustees, App. Div., 254 A.D.2d 486, Affirmed, 94 N.Y.2d 776

Thomas G. Gillen was the Director of the Smithtown Library from 1988 until his suspension in 1994, when he was charged with submitting ?documents containing false entries to the Suffolk County Department of Civil Service.?

The charges embraced a number of allegations that Gillen had falsified entries in public records. Found guilty of the charges, Gillen was terminated.

On appeal the Appellate Division found that only two of the several charges of which he was found guilty were supported by substantial evidence. Accordingly, the Appellate Division returned the matter the Library Trustees ?... for the imposition of a new penalty? in view of its sustaining only two of the charges filed against him. [Gillen v. Smithtown Library Board of Trustees, 650 N.Y.S.2d 787].

The board reconsidered the situation, and decided that dismissal was the appropriate penalty to be imposed. Again Gillen challenged the board determination.

This time, however, his efforts came to naught. In reviewing the Library Board?s decision the Appellate Division made the following observations:

1. A court may not substitute its judgment for that of the board or body it reviews unless the decision under review is arbitrary and capricious or constitutes an abuse of discretion.

2. The Board?s determination was based on several instances of Gillen?s misconduct involving his illegally promoting employees in contravention of the Civil Service Law.

3. The penalty of termination, under the circumstances present in this case, was not so disproportionate to the offense as to be shocking to one?s sense of fairness.

4. A high degree of deference is to be accorded to an agency?s determination of the appropriate penalty to be imposed.

The Appellate Division dismissed Gillen?s appeal, sustaining a lower court?s ruling sustaining the Board?s determination.

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If you are interested in learning more about disciplinary actions please click here: http://thedisciplinebook.blogspot.com/2009/03/discipline-book.html
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Full post as published by New York Public Personnel Law on March 23, 2010 (boomark / email).