Recent Decisions

The following is a summary of some recent OATH decisions decided in *December 2019*.  To ascertain whether the OATH judges' recommendations were adopted by the referring agency, please call OATH's calendar unit at 1-844-628-4692.

Licensing

The Taxi and Limousine Commission (“TLC”) summarily suspended respondent’s TLC Driver License following an off-duty arrest. ALJ Kevin F. Casey found that while respondent may have had some minor, incidental physical contact with the complainants, the evidence established that the complainants were the aggressors and that respondent tried to avoid the dispute. Judge Casey recommended lifting the suspension because he found that based on respondent’s sterling driving record, the degree of provocation, and the absence of significant injury, respondent did not pose a continuing “direct and substantial threat” to the public’s health or safety. Taxi & Limousine Comm’n v. Warren, OATH Index No. 1081/20 (Dec. 27, 2019)

A licensed taxi driver who tested positive for marijuana raised the defense of unknowing ingestion at his fitness proceeding. The licensee and his friend testified that, while socializing at the friend’s home, the licensee mistakenly picked up and drank his friend’s drink, which contained medical marijuana. ALJ John B. Spooner credited the testimony and he recommended dismissal of the charge. Taxi & Limousine Comm’n v. Carneiro, OATH Index No. 741/20 (Dec. 13, 2019), adopted, Comm’r Dec. (Jan. 6, 2020).

In a fitness proceeding, the TLC proved that respondent tested positive for marijuana on his annual drug test. The respondent asserted an innocent ingestion defense, claiming to have never knowingly used illegal drugs. He attributed the positive test result to rice crispy cakes and brownies he was handed at a Halloween house party. ALJ Ingrid M. Addison did not credit respondent’s testimony and found it more likely than not that the party was a cannabis party of which respondent was aware. Judge Addison recommended revocation of respondent’s TLC Driver License. Taxi & Limousine Comm’n v. Ighodaro, OATH Index No. 1083/20 (Dec. 16, 2019), adopted, Comm’r Dec. (Jan. 6, 2020).

Personnel

A Bridge and Tunnel Officer (“BTO”) was found to have acted unprofessionally when she yelled profanities at a motorist and had to be restrained by colleagues. The BTO also was found to have failed to safeguard her Authority-issued radio, which wound up in said motorist’s vehicle. Additional charge that the BTO threw her radio at the motorist, however, was not proved. ALJ Addison recommended that respondent be terminated from her position or, in the alternative, be suspended without pay for 60 days on the condition that respondent enrolls in and completes an anger management program. Triborough Bridge & Tunnel Auth. v. McDonald, OATH Index No. 2691/19 (Dec. 16, 2019), adopted, Comm’r Dec. (Dec. 31, 2019) (officer’s employment was terminated).

A sanitation worker was found to have violated agency rules by being absent without leave, improperly taking emergency leave, failing to immediately report an accident, failing to report to the clinic as required, performing an unauthorized pickup, and disobeying an order. Of the 15 charged violations of agency rules, only six were sustained. ALJ Spooner recommended that respondent be suspended four days for each sustained violation, for a total of 24 days, reasoning that none of the violations were serious or shown to be disruptive to the unit operations and that the large number of dismissed violations suggested that a few supervisors issued complaints without sufficient justification. Dep’t of Sanitation v. Jones, OATH Index No. 120/20 (Dec. 19, 2019), adopted, Comm'r Dec. (Jan. 4, 2020).