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Zone Sergeant's violation of a Division of State Police regulation and bringing discredit upon the Division justifies her demotion to Sergeant

Zone Sergeant's violation of a Division of State Police regulation and bringing discredit upon the Division justifies her demotion to Sergeant
Matter of Revella v Felton, 60 AD3d 1184

Christine A. Revella, a zone sergeant with the Division of State Police, was served with a notice of discipline alleging three violations of the Division's regulations as the result of an incident involving her off-duty pursuit of another vehicle for reckless driving.

The first violation set forth in the notice of discipline Revella with exhibiting inaptitude and failing to assume responsibility or exercise due diligence in the performance of her duties. The second violation charged her with acting in a manner tending to bring discredit upon the State Police. The third violation charged Revella with failing to act in a courteous, dignified and business-like manner.

A hearing on the charges was subsequently conducted, resulting in a decision by the Hearing Board recommending that Revella be found guilty of the second charge, and that she receive a letter of censure and be placed on six months of probation.

Although the Superintendent of State Police adopted the Hearing Board's recommendation, instead of placing Revella on probation, he reassigned her to the rank of sergeant. Revella filed an Article 78 petition challenging the Superintendent?s demoting her to Sergeant.

Noting that "[o]ur role is limited to determining whether the administrative decision is supported by substantial evidence," the Appellate Division said that in undertaking this inquiry, we "will not 'second guess the credibility determinations of the administrative factfinder.'"

Noting that Revella ?essentially admitted that, in her pursuit ? she exceeded the speed limit, crossed official highway markings and drove through red lights," the court said that given ?these clear violations of the Vehicle and Traffic Law,? evidence supports the Superintendent?s that Revella violated a pertinent regulation and brought discredit upon the State Police.

Giving "deference to an agency's determination regarding a sanction, 'especially in situations where . . . matters of internal discipline in a law enforcement organization are concerned,'" the Appellate Division said that it did not find that "reassigning Revella to the rank of sergeant shocking to its sense of fairness" and dismissed Revella?s appeal.

Full post as published by New York Public Personnel Law on February 16, 2010 (boomark / email).