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BenchNOTES

ECBNotes


We would like to invite all interested persons to take a look at our sister publication, ECBNotes, which is available on ECB's website, by clicking on the ECBNotes tab. http://www.nyc.gov/html/ecb/html/ecbnotes/ecbnotes.shtml.

ECBNotes reports on new rules, personnel changes, and news from ECB. It also provides summaries of noteworthy ECB appeal decisions, with links to the decision.

Those interested in subscribing to ECBNotes by e-mail may do so by clicking on the "sign up for ECBNotes" link https://www.nyc.gov/portal/site/nycgov/menuitem.6d81a3073bb61a7a8d641d8972289da0


Last Month's OATH Decisions

Personnel


Termination recommended for correction officer's relationship with inmate.

The Department proved that a correction officer received over one hundred telephone calls from an inmate housed in her facility, had resided with the inmate, and had failed to notify her command of the relationship.

Dep't of Correction v. Baker (in PDF), OATH Index No. 556/10 (Nov. 13, 2009).

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Practice and Procedure


Delay was not a ground to dismiss charges.

Although the misconduct charges were timely served, the employee argued they should be dismissed because of the five year delay in bringing the case to trial. ALJ Tynia Richard denied the motion.

Human Resources Admin. v. Green (in PDF), OATH Index No. 3347/09 (Nov. 18, 2009).

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Conflicts of Interest Law


Former City worker fined $10,000 for violations.

In June 2009, ALJ Kara Miller found that a former City employee violated the City Conflicts of Interest Law by using her position as an eligibility specialist to obtain personal information about a welfare recipient which the specialist used to obtain a cell phone contract and a credit card.

Conflicts of Interest Bd. v. Smart (in PDF), OATH Index No. 2588/09 (June 30, 2009), adopted, Bd. Dec. (Nov. 23, 2009).

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Licensing


Two mobile food vendors engaged in fraudulent scheme.

The Department of Health and Mental Hygiene proved that two mobile food vendors collaborated in falsely claiming a permit decal was lost.

Dep't of Health & Mental Hygiene v. Koumniotes (in PDF), OATH Index No. 1072/10 (Nov. 24, 2009).

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Vehicle Retention


Police Department may retain seized car.

In a vehicle retention hearing, the evidence showed that respondent had pled guilty to criminal facilitation in the fourth degree. The crime involved a shooting near a school.

Police Dep't v. Aponte (in PDF), OATH Index No. 1311/10, mem. dec. (Nov. 24, 2009).

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