Gender discrimination charge dismissed; retaliation proven in part.

A husband and wife who worked together on the custodial staff of a public high school brought claims of gender discrimination and retaliation against their supervisor. ALJ Faye Lewis found that the wife's claims of gender discrimination were not sufficiently proved; while the supervisor was at times unpleasant, petitioner failed to prove that he treated men and women differently in the workplace. Comm'n on Human Rights ex rel. Cerullo v. Fricione (in PDF), OATH Index Nos. 1865/10 & 1866/10 (Oct. 12, 2010).

Hospital special officers did not use excessive force when ejecting unruly visitor.

Two hospital special officers were charged with using excessive force against a hospital visitor when they escorted him outside. The parties began to struggle inside the vestibule between the inner and outer doorways, which spilled out onto the sidewalk. ALJ Kara J. Miller found that video evidence failed to support the charges and that respondents credibly established that the visitor initiated the physical altercation by cursing loudly and trying to hit them with a cane. ALJ Miller found that the officers reasonably attempted to de-escalate the situation and when that failed, the force used was not excessive under the circumstances. She recommended that the charges be dismissed.  Health & Hospitals Corp. (Lincoln Medical & Mental Health Ctr.) v. Charles (in PDF), OATH Index Nos. 2802/10 & 2803/10 (Oct. 7, 2010).

Late fees and penalty recommended for late filing client of lobbyist.

The New York City Lobbying Law requires an organization that hires lobbyists to file an annual report with the City Clerk's office, identifying the lobbyists and summarizing the compensation paid or owed to each lobbyist. ALJ Kevin Casey found that the respondent organization failed to file its required 2009 report despite a deadline extension. He found that, as a result, they incurred $5,975 in late fees ($25 per day for 239 days), and should be assessed a civil penalty of $20,000, to be reduced to $2,000 if the respondent files the report within 90 days.  Office of the City Clerk v. Selfhelp Community Services Inc. (in PDF), OATH Index No. 449/11 (Oct. 22, 2010).

Taxi Commission need not lift license suspension of cab driver arrested for overcharging passengers.

In a case related to the TLC's investigation of drivers who allegedly overcharged passengers, a taxicab driver's license was suspended summarily, after he was arrested and charged with a scheme to defraud in the first degree, a class E felony. After a hearing, ALJ Tynia D. Richard determined that the driver's arrest for involvement in an intentional scheme to overcharge taxi customers had the “strongest possible nexus” to his duties as a taxicab driver and, thus, his continued licensure would pose a threat to the health or safety of the public. Taxi & Limousine Comm'n v. Kastner (in PDF), OATH Index No. 835/11 (Oct. 12, 2010).

Former City employee fined $2000 for using City equipment for personal business.

ALJ Lewis found that a former City procurement analyst had used his City computer for a non-City purpose in violation of Board rule 1-13(b), by using it to send e-mails about his notary services. She dismissed a charge that respondent had pursued private interests while on City work-time in violation of Board rule 1-13(a), since petitioner did not prove respondent had sent or received emails during work time, as opposed to lunch or break times. ALJ Lewis recommended a $600 fine, which the Conflicts of Interest Board modified to a $2,000 fine. Conflicts of Interest Bd. v. McNeil (in PDF), OATH Index No. 1790/10 (June 11, 2010), adopted in part, modified in part, Conflicts of Interest Bd. Case No. 09-307 (Oct. 28, 2010), (noting that use of City time might be inferable from use of email at various times throughout the day).