OATH Recent Decisions

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COVID-19 update

Pursuant to an order of the Chief Administrative Law Judge, hearings, trials, and other OATH operations are available by telephone, videoconferencing, online, or mail. In-person appearances are also available. For more information, visit OATH’s website at www.nyc.gov/oath.

Personnel

Supervising ALJ Joan R. Salzman recommended a 15-day suspension for a steamfitter who was discourteous to his supervisor on two occasions. On one of these occasions, the employee made an anti-Latino remark to express his dissatisfaction with his supervisor. Although the employee was also Latino, his remark was offensive and unacceptable workplace behavior. Dep’t of Citywide Administrative Services v. Velez, OATH Index No. 55/23 (Jan. 9, 2023).

ALJ Christine Stecura recommended dismissing charges against a paramedic charged with stealing money from a patient. The paramedic’s partner alleged that he saw the paramedic take money from the patient’s apartment but the ALJ found that petitioner failed to corroborate the partner’s testimony. The patient’s ex-wife’s testimony that she did not see the paramedic take any money and did not notice any money missing from the apartment undermined petitioner’s case. Fire Dep’t v. Siciliano, OATH Index No. 657/23 (Jan. 6, 2023).

ALJ Joycelyn McGeachy-Kuls recommended dismissing charges against a sergeant charged with failing to issue a summons to a driver, unlawfully ordering a patrol officer to dispose of marijuana recovered during a traffic stop, and failing to keep an accurate account of marijuana recovery. The allegations against the sergeant were made by the patrol officer, who was being investigated about his conduct during the traffic stop. The patrol officer did not testify at trial. Instead, petitioner relied on the patrol officer’s unsworn statements to an investigator and presented the investigator’s testimony and report at trial. The ALJ found respondent’s testimony denying the allegations to be more credible than the hearsay statements attributed to the patrol officer. The investigator’s report was also found to be unreliable. Triborough Bridge & Tunnel Auth. v. Houston, OATH Index No. 104/21 (Jan. 5, 2023).

ALJ Orlando Rodriguez recommended termination of employment for an investigator charged with misconduct and incompetence. The Department proved that the employee persistently demonstrated an unwillingness to perform his job and was excessively absent. The ALJ also found that the employee was insubordinate to his supervisors by failing to respond to e-mails, refusing to attend conferences and trainings, sending discourteous e-mails, and being absent without leave. Dep’t of Social Services (Dep’t of Homeless Services) v. Thomas, OATH Index No. 298/22 (Jan. 6, 2022).

Licensing

ALJ Faye Lewis recommended revoking a driver’s TLC license based upon his conviction for driving while ability impaired by alcohol. The arrest occurred about nine months earlier, while respondent was off-duty and he was not driving a TLC vehicle. Moreover, the driver attended 16 counseling sessions in the six weeks following his arrest. However, the circumstances underlying the arrest were serious in that the driver’s actions posed a significant risk to other drivers. Considering the nature of the driver’s conduct, the direct nexus between driving while ability impaired and driving as a TLC licensee, and the limited amount of time that had elapsed since his arrest, the ALJ concluded that respondent was currently unfit for licensure. Taxi & Limousine Comm’n v. Perez, OATH Index No. 1015/23 (Jan. 12, 2023), adopted, Comm’r Dec. (Jan. 25, 2023).