Substantial evidence held to support finding the accused guilty of certain disciplinary charges filed against him

A New York City police officer [Petitioner] was found guilty of four of the five disciplinary charges filed against him by the New York City Police Department [Employer] which included allegations that Petitioner [1] "engaged in a physical altercation with his estranged wife; [2] "failed to request permission before leaving his residence while on sick report, and [3] "violated a protective order on multiple occasions." 

Terminated from his position, Petitioner appealed, claiming violations of his right to due process.

The Appellate Division held that Petitioner's claims were "unavailing", finding that Petitioner received advance notice of the charges, was provided a full evidentiary hearing, and he was represented by counsel at the hearing. 

The court said contrary to Petitioner's arguments, Employer appears "to have submitted the administrative record, including a certified transcript of the hearing," in its answer. Further, the Appellate Division opined, "Petitioner's contentions regarding his sealed arrest records are unavailing as the administrative decision reflects that the Hearing Officer based his conclusions on the witnesses' testimony and exhibits entered into evidence by stipulation of the parties".

The Appellate Division unanimously confirmed the Employer's terminating Petitioner from his position pointing out that substantial evidence supported the Employer finding that Petitioner was guilty of four of the five charges served upon him.

Noting that the Hearing Officer was entitled to credit the testimony of Petitioner's estranged wife that Petitioner "failed to identify himself as a uniformed member of the service during a ... domestic incident" over the Petitioner's testimony concerning the event as Petitioner's testimony was inconsistent with the responding police officer's body camera footage and the responding police officer's testimony that Petitioner did not so identify himself.

As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32.

Click HERE to access the opinion of the Appellate Division posted on the Internet.

_______ 

A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

 

 

Former Utica City School District Superintendent sentenced for public corruption, must pay over $160,000 to the school district

On April 19, 2024, New York State Comptroller Thomas P. DiNapoli, Oneida County District Attorney Todd Carville, and the New York State Police announced that the former Bruce Karam, the former long-time superintendent of the Utica City School District (UCSD), was sentenced to pay the UCSD restitution of $11,549 for the resources improperly diverted, serve five years’ probation and perform 250 hours of community service. Karam was also ordered to pay UCSD $150,000 by May 17, representing a reduction in his pension earnings from the date of his crime until his termination.

State Comptroller DiNapoli said “Bruce Karam shamelessly diverted funds meant to benefit students to further his personal interests," DiNapoli thanked "Oneida District Attorney Todd Carville and the New York State Police for their assistance in ensuring justice was served.”

Oneida County District Attorney Carville said: “Today’s sentence represents accountability and just punishment for a former local leader who abused his power and the public trust. I want to thank the New York State Comptroller’s Office and the New York State Police for their assistance and tireless pursuit of justice in this matter.” 

New York State Police Superintendent Steven G. James said, “Mr. Karam deliberately embezzled funds intended to enrich the education of the youth and enhance the community for his own selfishness. This sentencing should serve as a reminder that defrauding of any amount will be met with multi-agency collaborative investigations resulting in indictments and arrests. I commend the diligent work of our State Police members, along with our partners at the State Comptroller’s Office and Oneida County District Attorney’s Office, for their hard work in putting an end to this dishonest act.”

Karam had pleaded guilty to public corruption, a felony, for using public resources to support the school board election campaigns of candidates he favored and who would determine his salary as members of the board. He also used school resources to send invitations for a non-school related fundraiser for a purported charity run by former Utica mayor and school board president Louis LaPolla. Fundraiser fliers for the charity were inserted by school district employees during school hours in envelopes the school district paid for and were mailed using the district’s stamps.

Karam was the UCSD’s Superintendent from 2011 until October 2022. He was terminated by the school board shortly after his arrest in November 2023. His co-defendant, LaPolla, was sentenced to 60 days of house arrest and three years of probation earlier in April 2024.

Since taking office in 2007, Comptroller DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Allegations of fraud involving taxpayer money may be made by calling the toll-free Fraud Hotline at 1-888-672-4555, by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236 or by filing a complaint online at https://www.osc.ny.gov/investigations.

###

 

 

NYPPL public personnel law handbooks available from Booklocker

The Discipline Book, - A concise guide to disciplinary actions involving public employees in New York State and its political subdivisions set out in an e-book. For more information and access to a free excerpt from this e-book, click here: http://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

The Layoff, Preferred List and Reinstatement Manual - an e-book reviewing the relevant New York State laws, rules and regulations, and selected court and administrative decisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/5216.html

Disability Benefits for New York State and municipal public sector personnel - an e-book focusing on administering the Retirement and Social Security Law, the General Municipal Law Sections 207-a/207-c and similar laws providing disability benefits to employees of the State of New York and its political subdivisions. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/3916.html

 

Selected links to items focusing on government operations posted on the Internet during the week ending April 19, 2024

 Click on the text in color to access the item posted on the Internet.

 

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