Last Month's OATH Decisions - March 2012


Denial of pre-qualified status for poor evaluation upheld.

Prequalification is the method through which an agency evaluates the qualifications of
vendors to provide certain goods or services before it issues solicitations for a specific contract.  When an agency denies a vendor prequalification, the vendor may appeal the agency head’s decision to OATH.  Council of Belmont Organization, Inc. v. Dep’t for the Aging (in PDF), OATH Index No. 1163/12, mem. dec. (Mar. 14, 2012).

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Real Property

ALJ requests briefing on two Loft Board rules concerning incompatible uses. 

In response to an application for coverage under recent amendments to the Loft Law, an owner argued that the tenant’s unit could not be covered as it was in a building with inherently incompatible uses.  The tenant sought summary judgment on this issue arguing that her building had been registered with the Loft Board before the Loft Law was amended, and a Loft Board rule exempted her unit from the requirement that there be no incompatible uses in the building.   Matter of Pels (in PDF), OATH Index No. 2841/11, mem. dec. (Mar. 8, 2012).


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Correction officers charged with using impermissible force against inmate.

ALJ Kevin F. Casey found that correction officers used impermissible force against an inmate, concealed it, and failed to obtain prompt medical attention for the inmate.  An inmate alleged that after he swore at an officer, multiple officers attacked him in a holding pen.    Dep’t of Correction v. Ford  (in PDF), OATH Index Nos. 691/12, 692/12, 693/12, 694/12, & 702/12 (Mar. 30, 2012).

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ALJ recommends license revocation for site safety manager based on criminal convictions.

The Department of Buildings sought to revoke the license of a site safety manager who had pled guilty to federal charges of conspiracy to commit wire fraud and unlawful acceptance of payments as a labor representative.  The charges were based on the manager’s agreement to leave some workers “off the books,” which enabled his employer to pay those workers non-union wages and avoid paying money to a union benefit fund.    Dep’t of Buildings v. Stamberger (in PDF), OATH Index No. 473/12 (Mar. 30, 2012), adopted, Comm’r Dec. (Apr. 5, 2012).

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