Stay of termination recommended for firefighter with previously unblemished record of nearly 30 years of exemplary service, to permit him to retire and pay a substantial fine after he failed drug test.

The Fire Department sought the termination of employment of a firefighter who tested positive for cocaine in a random drug test. In light of respondent's unblemished 29-year record of service with the Department,  ALJ Faye Lewis recommended that the termination be stayed to permit respondent to retire and pay a substantial fine. Fire Dep't v. Gill (in PDF), OATH Index No. 1871/10 (July 9, 2010).

CDRB dismisses claim for cancelled work as time-barred, and on merits.

An electrical contractor brought to the Contract Dispute Resolution Board a dispute against the Department of Environment Protection concerning cancelled work on a water pollution control plant. The contractor sought a $124,070 payment for overhead expenses associated with the cancelled work. The City moved to dismiss the claim as time-barred because the contractor did not file its notice of dispute within thirty days from written notification of a forced charge order. The contractor argued that its claim was not ripe until the change order was registered with the Comptroller and that its filing was timely.

TAP Electrical Contracting Services, Inc. v. Dep't of Environmental Protection (in PDF), OATH Index No. 2185/10, mem. dec. (July 20, 2010).

Car released due to failure to provide notice of right to hearing.

ALJ Kevin Casey ordered a vehicle released from seizure by the Police Department, which sought to retain it as the alleged instrumentality of a crime. ALJ Casey found that the Department had failed to properly inform the owner of her right to a hearing when they seized the car, in violation of the federal court order in Krimstock v. Kelly.

Police Dep't v. Castro (in PDF), OATH Index No. 2719/10, mem. dec. (July 13, 2010).

Taxi license revocation and fines recommended in "rate 4" overcharge cases.

A number of cases involving taxi drivers overcharging passengers were heard in July 2010. None of the drivers appeared to contest the allegations, and all of the reported matters proceeded by inquest. Based on evidence offered by the Taxi and Limousine Commission, the drivers were found to have overcharged passengers on hundreds of occasions by using the out-of-town rate (rate 4) on the meter for trips within City limits.

Taxi & Limousine Comm'n v. Zoha (in PDF), OATH Index No. 167/11 (July 27, 2010) (330 overcharges).