ALJ recommends charge that officers were fighting be dismissed.
The Department of Correction charged a correction officer with fighting with another officer, using profane language, leaving her post, and bringing an unauthorized bag near her post. ALJ Kara J. Miller found that the Department proved all of the charges except the claim that respondent engaged in a physical altercation with another officer. The testimony showed that, at most, respondent may have pushed past the other officer rudely and brushed against her. ALJ Miller did not find this to be misconduct. She recommended a penalty of a 15-day suspension with credit for time served. Dep’t of Correction v. Peterson (in PDF), OATH Index No. 2095/12 (Jan. 11, 2013).