Last Month's OATH Decisions - May 2012

Personnel


ALJ recommends that sanitation supervisor convicted of cocaine possession be fired.

The Department of Sanitation brought a disciplinary action against a former sanitation police officer following his conviction in federal court for cocaine possession.  In his defense, the employee argued that his experience as a first responder on September 11 had left him with PTSD, causing depression and substance abuse.   Dep’t of Sanitation v. Guarneri (in PDF), OATH Index No. 1159/12 (May 22, 2012).

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BENCHNotes Articles

OATH hires a new ALJ

OATH is pleased to announce that Astrid B. Gloade joined the OATH Tribunal as an Administrative Law Judge on June 4, 2012. Judge Gloade received her BA from the University of Pennsylvania, and earned her law degree at Columbia University, where she was a Harlan Fiske Stone Scholar.

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Contracts


CDRB rules assignment was valid and assignor is entitled to payment from the City.

The Contract Dispute Resolution Board, with ALJ Zorgniotti sitting as Chair, recently resolved a dispute between the Department of Citywide Administrative Services and The Ford Motor Credit Company, LLC (“Ford Credit”). Ford Credit asserted that it should have received monies which were incorrectly paid by the City to a car dealer, Country Ford, Ltd.   Ford Motor Credit Co. v. Dep’t of Citywide Admin. Services (in PDF), OATH Index No. 1465/12, mem. dec. (May 31, 2012).

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Licensing


Loss of filing privileges recommended for engineer who filed false reports.

ALJ Kara J. Miller sustained charges against a professional engineer who was Vice President of Testwell Laboratories.  She found that respondent fraudulently made changes to concrete testing results, which he certified and submitted to the Port Authority on behalf of Testwell for the Jet Blue construction project.    Dep’t of Buildings v. Barone (in PDF), OATH Index No. 2405/11 (May 31, 2012), adopted, Comm’r Dec. (June 5, 2012).

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