Recent Decisions - October 2016

The following is a summary of some recent OATH decisions decided in October 2016.  To ascertain whether the OATH judges' recommendations were adopted by the referring agency, please call OATH's calendar unit at 1-844-628-4692.

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Vehicle Retention

ALJ Alessandra F. Zorgniotti held that the Police Department was entitled to retain a car seized in connection with an arrest for possession of narcotics with intent to sell pending a forfeiture action.  Respondent argued that she was the innocent owner of the car.  ALJ Zorgniotti rejected respondent’s defense, finding respondent’s boyfriend to be the beneficial owner of the vehicle and that respondent was the owner in name only.  The vehicle was used by respondent’s boyfriend on at least five occasions within a two month period to sell drugs. Police Dep’t v. Pagan, OATH Index No. 591/17, mem. dec. (Oct. 4, 2016).

Personnel

ALJ John B. Spooner recommended termination of employment for a child protective specialist who coerced a former client into housing a friend, made false statements to investigators, and accessed confidential records without authorization.  The employee asked a former client to house a friend, collected $100-$400 rent from her friend, and threatened the former client with having her children taken away if she did not allow the friend to stay.  ALJ Spooner found the employee to be unfit to be a child protective specialist and recommended termination.  Admin. for Children’s Services v. Lowe, OATH Index Nos. 1342/16 & 1904/16 (Oct. 19, 2016), adopted, Comm’r Dec. (Oct. 25, 2016).

ALJ Astrid B. Gloade recommended a 25-day suspension without pay as penalty for respondent, a job opportunity specialist.   On multiple occasions, respondent refused to interview clients, was insubordinate and discourteous to his supervisors, and was absent without leave.   Additionally, petitioner established that on one occasion, respondent threatened his supervisor when he told him to move away from his desk “before I get up from my chair and do something else.”  Human Resources Admin v. Cameron, OATH Index No. 2340/16 (Oct. 20, 2016).

Licensing

ALJ Noel R. Garcia found that petitioner proved that respondent, a taxicab driver, harassed and used force against a passenger by exiting his taxicab and following the passenger while demanding a fare, grabbing and holding onto the passenger’s bag, grabbing his suit jacket, and striking the passenger in the face.   ALJ Garcia recommended revocation of respondent’s TLC license and the maximum fine allowable under TLC Rule 68-13(b)(6)(C) of $2,000.  Taxi & Limousine Comm’n v. Behar, OATH Index No. 0076/17 (Oct. 14, 2016), adopted, Comm’r Dec. (Nov. 7, 2016).

The City Clerk denied respondent’s application for a marriage license after it discovered a record of a prior marriage license issued to a person with the same name and date of birth as respondent and no record that the marriage had been terminated.  Respondent proved that she was incarcerated at the time the prior license application was signed and the marriage was performed.   Additionally, the signature on the prior license was not similar to respondent’s signature.   ALJ Kara J. Miller found that the petitioner failed to establish that respondent was the same person who applied for and was issued the prior license and recommended that respondent’s application for a marriage license be accepted for filing and processed expeditiously.  Office of the City Clerk v. Hernandez, OATH Index No. 451/17 (Oct. 24, 2016).

Prevailing Wage

The Comptroller proved a subcontractor failed to pay prevailing wages and supplemental benefits to nine employees on public works contracts and falsified payroll records.  ALJ Ingrid M. Addison found respondent’s failure to pay prevailing wages and benefits to be willful and the falsification of payroll records to be deliberate.   She recommended that the complainants be compensated in the sum of the underpayments plus 16 percent interest, that respondents should be assessed the maximum civil penalty of 25 percent of the total violation, and that they be debarred from all governmental contracts within New York State for five years.  Office of the Comptroller v. East Port Excavation & Utilities Inc. & Governale et al., OATH Index No. 1889/16 (Oct. 25, 2016).