Dogs found to be dangerous should be surrendered to DOHMH for evaluation.

The Department of Health and Mental Hygiene sought to take possession of six to eight German Shepard or husky dogs residing with their owner on the ground that the dogs were “vicious or dangerous.”  ALJ John B. Spooner found that the Department proved that the dogs were dangerous based upon evidence showing that the dogs were involved in at least six attacks and inflicted multiple injuries.   Dep’t of Health & Mental Hygiene v. McNamara (in PDF), OATH Index No. 2610/11 (Oct. 11, 2011).

Termination of employment recommended for long-term absence following arrest.

After an assistant highway repairer was arrested and could not make bail he was absent from work for 10 months.   He was charged with excessive absenteeism and absence without authorization, as well as conduct prejudicial to good order based on the arrest.  ALJ Faye Lewis sustained the absenteeism charges on an incompetence theory, finding that his lengthy absence, with no showing he would return soon, rendered him incompetent to perform the duties of his position.   Dep’t of Transportation v. Pierre (in PDF), OATH Index No. 2112/11 (Oct. 3, 2011), adopted, Comm’r Dec. (Oct. 24, 2011).

CDRB denies contractor’s demand for more money to pay for prevailing wage increases. 

A company with eight contracts to maintain and service municipal parking garages sought to recover monies for or to be excused from paying prevailing wage increases valued at over $119,358 for cleaners and $596,010 for unarmed security guards.  The company argued that the increases were unforeseen, presented an extreme economic hardship, and that they rendered the contract unconscionable.  Parking Systems Plus, Inc. v. Dep’t of Transportation (in PDF), OATH Index No. 2350/11, mem. dec. (Oct. 28, 2011).

ALJ denies request to vacate 2-year old stipulation of settlement. 

ALJ Tynia D. Richard denied a request made by a former City hospital employee to reopen her disciplinary case and vacate a stipulation of settlement that she entered into two years ago, in 2009, by the terms of which she agreed to resign from her position.  Though represented by counsel at the time of settlement, she claimed she was coerced into the agreement.  ALJ Richard found that the stipulation concluded the matter and that OATH no longer had authority over it.  Health & Hospitals Corp. v. Chime (in PDF), 2969/09, letter to counsel (Oct. 28, 2011).