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Violation of employer?s rules results in dismissal from the position

Violation of employer?s rules results in dismissal from the position
Matter of Ward v Juettner, 2009 NY Slip Op 04432, Decided on June 2, 2009, Appellate Division, Second Department

The Board of Police Commissioners of the Town of Greenburgh conducted a disciplinary hearing and found Town of Greenburgh police officer Erik Ward guilty of violating "three Rules and Regulations" of the Town of Greenburgh Police Department.* The penalty imposed upon Ward: termination from his position.

Ward sued in an attempt to have the court annul the Police Commissioners? determination. The Appellate Division dismissed his petition, noting that ?in order to annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination.? Significantly, the Appellate Division said that a court may neither ?weight the evidence? nor reject the appointing authority?s decision with respect to the acceptance or rejection of evidence ?where the evidence is conflicting and room for choice exists.?

Here, said the court, there was substantial evidence supporting the Board determination that Ward had violated three Rules and Regulations of the Police Department as charged.

Addressing the penalty imposed by the Police Commissioners, the Appellate Division said that the penalty imposed ? dismissal -- was not so disproportionate to the offenses that Ward was found to have committed "as to be shocking to one's sense of fairness," citing a number of decisions including Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222.

* The disciplinary charges filed against Ward alleged that he failed to follow the guidelines relating to the treatment of confidential informants; that he failed to report matters of a police nature to his immediate supervisor; and that he engaged in conduct that brought discredit upon the Department.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_04432.htm

Full post as published by New York Public Personnel Law on June 10, 2009 (boomark / email).