ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Labor & Employment Law

: New York Public Personnel Law

Disciplinary charges filed against employee for alleged negligent operation of an agency motor vehicle

ADVERTISEMENTS
Disciplinary charges filed against employee for alleged negligent operation of an agency motor vehicle
Taxi & Limousine Commission v Alvarez, OATH Index # 924/11

OATH Administrative Law Judge Alessandra Zorgniotti found that a Taxi & Limousine Commission inspector, Rafael Alvarez, negligently operated a City car when he failed to yield the right-of-way and collided with another car.

Specifically, Alvarez was charged with failing to yield the right-of-way to another vehicle and colliding with the other vehicle in violation of Agency Rules 35 (reasonable care of agency vehicles) and 36 (compliance with laws and rules relating to use of agency vehicles).

The ALJ noted that ?The fact that [Alvarez] may be negligent as a matter of law in a tort action does not automatically demonstrate that he is guilty of misconduct in a disciplinary proceeding. Some unavoidable driving accidents may not be misconduct.?

As to ?unavoidable driving accidents,? Judge Zorgniotti commented that ?However, TLC inspectors are required to exercise ?reasonable care? when driving a city vehicle, to follow the [State?s Vehicle and Traffic Law], and to prevent accidents.? The City Vehicle Driver Handbook provides in relevant part:

Preventable Accidents. An accident that is not deemed chargeable by the police may still be assessed as preventable by the agency?s Accident Review Committee. The committee shall recommend appropriate disciplinary action to be taken in connection with the violation of New York State Vehicle and Traffic Laws and the Agency?s Code of Conduct. Preventable accidents may subject the driver to agency disciplinary proceedings if agency rules have been violated. Preventable accidents may occur because the driver:

? Violated NYS Motor Vehicle Law, regardless of whether the police issued a summons;

? Operated the vehicle inattentively, including failure to exercise defensive driving skills;

Finding that Alvarez ?failed to yield the right-of-way to another vehicle and collided with the other vehicle in violation of Agency Rules 35 and 36,? Judge Zorgniotti recommended that Alvarez be suspended without pay for twenty-work day.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/11_Cases/11-924.pdf
.

Full post as published by New York Public Personnel Law on February 23, 2011 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0024 secs (from cache 11/03/26 06:43:40)