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As 2 of the 7 charges were not supported by substantial evidence, appointing authority directed to reconsider the disciplinary penalty imposed

As 2 of the 7 charges were not supported by substantial evidence, appointing authority directed to reconsider the disciplinary penalty imposed
Mason v Board of Fire Commissioners of Jericho Fire District, 2010 NY Slip Op 04199, Decided on May 11, 2010, Appellate Division, Second Department

A disciplinary hearing officer found volunteer firefighter Keith Mason guilty of seven charges of misconduct and recommended the termination of his membership with the Jericho Fire District. The Board of Fire Commissioners of the Jericho Fire District to adopted the findings and recommendation of hearing officer and terminated Mason?s membership with the fire district.

Mason appealed and the Appellate Division found that there was substantial evidence in the record to support finding Mason guilty of charges one through five, which involved his removing a primary piece of fire department equipment (a saw) from a front line fire truck, without permission and for his personal use.

However, said the court, the Board's determination that Mason was guilty of charges six and seven, involving an alleged violation of a "Chief's order," was not supported by substantial evidence in the record, as Mason was not on duty at the time of the alleged misconduct.

The Appellate Division granted Mason?s petition ?to the extent that so much of the determination as found [him] guilty of charges six and seven and as imposed a penalty.?

The matter was then remanded to the Board of Fire Commissioners for a new determination as to the penalty to be imposed based solely on the remaining five charges that were supported by substantial evidence.

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_04199.htm

Full post as published by New York Public Personnel Law on May 18, 2010 (boomark / email).