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Agency?s enforcing its rule prohibiting misconduct does not require that it show ?employee?s intent?

Agency?s enforcing its rule prohibiting misconduct does not require that it show ?employee?s intent?
Matter of Daveiga v City of New York, 2008 NY Slip Op 10222, Appellate Division, First Department

The New York City Housing Authority dismissed Kymel Daveiga from his position as Supervisor of Grounds after he was found to have violated the Authority?s policy prohibiting employees from "commit[ting] any . . . violation of the law either on or off duty or on or off the work site implicating their fitness or ability to perform their duties."

The Appellate Division, noting that Daveiga admitted that he possessed marijuana with an intent to use it while on the Authority?s property, rejected the argument that the Authority?s relevant personnel rule required that it show that ?his possession and intent to use marijuana resulted, or was likely to result, in a demonstrably deficient job performance.?

The court said that it was enough to show that Daveiga's possession and intent to use marijuana implicated his fitness, or suitability, for a supervisory position that is expected to promote the Authority's efforts to provide a drug-free living environment for public housing residents, and its integrity in the eyes of other employees and residents.

Internet link to decision: http://www.courts.state.ny.us/reporter/3dseries/2008/2008_10222.htm

Full post as published by New York Public Personnel Law on January 14, 2009 (boomark / email).