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Employee found guilty of disciplinary charges involving absence from work based on records generated by global positioning equipment

Employee found guilty of disciplinary charges involving absence from work based on records generated by global positioning equipment
Matter of Halpin v Klein, 2009 NY Slip Op 03593, Decided on May 5, 2009, Appellate Division, First Department*

Joel I. Klein, Chancellor of the New York City Department of Education, terminated John Halpin?s employment with the Department after finding Halpin guilty of having left work early on 63 occasions over a four-month period and having submitted falsified time cards for his work on those dates.

Dismissing Halpin?s appeal, the Appellate Division said that the determination was supported by substantial evidence in the record, including global positioning software records, his time cards, and eyewitness testimony establishing that he was guilty of the disciplinary charges filed against him.

Citing Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, the court ruled that under the circumstances terminating Halpin did not constitute an ?excessive penalty.?

Although in Halpin's case the GPS record was generated by his Department-issued cell phone, the installation of global positioning equipment in official vehicles is becoming common as well.

When the Civil Service Employees Association challenged Nassau County?s unilateral decision to use global positioning system (GPS) technology, a PERB administrative law judge dismissed its complaint, stating that PERB ?has long held that the determination of the type of equipment to be utilized by an employer does not give rise to a bargaining obligation.? The ALJ also rejected CSEA?s arguments that employees' privacy rights were affected [PERB decisions U-26816; see, also Matter of CSEA and the Village of Hempstead, PERB decisions U-27074].

* The administrative disciplinary action underlying the Chancellor's decision was heard by OATH Administrative Law Judge Tynia Richard. Richards found Halpin guilty of the charges filed against him and recommended that he be terminated from his postion of Supervisor of Carpenters with the New York City Department of Education. [see New York City Department of Education v Halpin, OATH Index #818/07]. Richard's found that Halpin's guilt was established using data from the global positioning system (GPS) installed in his Department-issued cell phone. The ALJ ruled that the GPS data was accurate and reliable and that its use did not violate Halpin?s privacy rights under the United States Constitution.

The Appellate Division's decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_03593.htm

Full post as published by New York Public Personnel Law on May 07, 2009 (boomark / email).