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Employee terminated after being found guilty of misconduct following his conviction of crimes deemed to reflect unfavorably upon employee?s character

Employee terminated after being found guilty of misconduct following his conviction of crimes deemed to reflect unfavorably upon employee?s character
Matter of Taylor v City of Glen Cove, 2010 NY Slip Op 02157, Decided on March 16, 2010, Appellate Division, Second Department

Arnold Taylor, a Supervisor of Sanitation in the Department of Public Works of the City of Glen Cove, pleaded guilty to the crimes of criminal sale of a controlled substance in the fifth degree, a class D felony, and criminal possession of a weapon in the fourth degree, a class A misdemeanor. He was brought up on disciplinary charges pursuant to Civil Service Law §75.

Taylor was found guilty of two charges of misconduct: (1) committing an offense which reflected unfavorably upon his moral character and brought discredit to the City; and (2) pleading guilty to a class D felony and a class A misdemeanor. The penalty imposed: termination.

Taylor appealed the administrative disciplinary determination and the penalty imposed. The Appellate Division dismissed his appeal, commenting that "In order to annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination."

Here, said the court, Taylor?s conviction of criminal sale of a controlled substance in the fifth degree and criminal possession of a weapon in the fourth degree constituted misconduct and his conviction constituted substantial evidence to support the appointing authority?s determination.

Citing Matter of Pell, 34 NY2d, 222, the Appellate Division said that Taylor?s termination was not so disproportionate to the offense as to be shocking to one's sense of fairness.

Full post as published by New York Public Personnel Law on March 25, 2010 (boomark / email).