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October 18, 2010

Disciplinary charges filed against employee alleging refusing a post assignment

Disciplinary charges filed against employee alleging refusing a post assignment
NYC Department of Corrections v Callabrass, OATH Index #1981/10

The New York City Department of Corrections filed disciplinary charges against NYC Corrections Officer Regina Callabrass alleging that she had disobeyed an order to take a post assignment, abandoned her post while on duty and made a false logbook entry.

OATH Administrative Law Judge Tynia Richard dismissed the charge that Callabrass had abandoned her post, finding that the post was not left unsecured as another officer remained there “during the seven minutes respondent was away to use the bathroom.”

ALJ Richard also recommended dismissal of the charge that Callabrass had disobeyed an order to take an assignment. Although Callabrass had objected to it, the supervisor did not insist that she accept the assignment but instead began looking for someone else to take it.

However ALJ Richard found Callabrass guilty of a charge that she had threatened to call in sick when she received the unwanted assignment. This, said the ALJ, constituted conduct unbecoming an office but in consideration of her “long service record with no prior discipline,” recommended a 5-day suspension without pay as the penalty.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/10_Cases/10-1981.pdf
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