Friday, August 31, 2012

A Reasonable Disciplinary Penalty Under the Circumstances

A Reasonable Disciplinary Penalty Under the Circumstances is a 600+ page electronic handbook [e-book] published as a PDF file for administrators, union officials, attorneys and others involved in disciplinary actions involving public officers and employees employed by New York State as the employer and its political subdivisions pursuant to the State's Civil Service Law, the Education Law, contract disciplinary grievance procedures negotiated pursuant to Article 14 of the Civil Service Law [the Taylor Law] and other statutes, rules or regulations.

It is also a valuable resource for those involved in disciplinary actions involving public officers and employees serving with other jurisdictions.

Focusing on the setting of an appropriate disciplinary penalty in instances where an employee has been found guilty of misconduct or incompetence, offenses considered in this e-book run from A [Abandoning a post without authorization] to Z [Zero drug tolerance policy violation]. 

Listed below are some of the common, and not so common, charges filed against an individual in disciplinary actions considered in this e-book:

The price of A Reasonable Disciplinary Penalty Under the Circumstances is $195. It is sent as a PDF document for loading onto your computer. The fact that this is an electronic publication permits the user to locate information in the database using appropriate words or phrases. 

How to Order
You may order your copy of A Reasonable Disciplinary Penalty by sending your name, the name of your organization, your mailing address and telephone number, purchase order number, if used, and your e-mail address to:

or you may mail your organization's purchase order form to:
.
Public Employment Law Press
887 Birchwood Lane
Schenectady, NY, 12309-3009

If you prefer to use a credit card for your purchase, you may do so with PayPal or your own credit card using the secure link in the upper right to process your payment by credit card..
 


Some of the common, and not so common, disciplinary charges
considered in this e-book:

Abandoning a post without authorization
Abandonment of position
Absence during a probationary period
Absence from work without leave (AWOL) due to an arrest
Absent from work even though the request for the leave was denied
Absent from work for 10 months due to failure to “make bail
Absent without proper authority
Absenteeism the basis for disciplinary action for incompetence 
Abuse of patient
Abuse of sick leave
Abuse of the authority of her office
Acceptance of gifts by public officials
Accepted a gratuity
Accepted earphones from an inmate
Accepted kickbacks from others
Accessing sexually explicit materials while at work
Acted in a manner tending to bring discredit upon the employer
Acting irrationally
Addressing individuals in an ethnically offensive manner
Admitted cocaine use
Altering the program schedule without superior’s approval
Argued with a fellow employee
Arguing with his supervisor
Arriving late to work on an habitual basis
Association with a prohibited person or organization
Attempted bribery of a witness at hearing
 
Automatic removal of a public officer upon conviction of a crime
AWOL due to incarceration
AWOL for an extended period of time
Being absent without leave
Being alone with students
Berating and belittling less senior staff members
Bizarre and rambling emails sent by the accused
Breach of the terms of a disciplinary settlement
Breached the employee’s fiduciary duty 
Breached the employer’s trust
Bribe a witness
Bribe taking
Bring discredit upon the employer
Cashed a check to which the employee was not entitled
Chronic absenteeism
Concealing deficits
Conduct unbecoming a teacher
Conduct unbecoming an officer
Confiscation of drugs and money for personal gain
Conflict of interest
Confronted one of his coworkers in a threatening manner
Conspiracy to defraud
Consuming alcohol while on
Conviction of a felony or a crime
Conviction of crimes deemed to reflect unfavorably upon the employer
Correction officer charged with fraternizing with an inmate, her husband
Corrupt activities
Could not lawfully drive a motor vehicle
Covert and unauthorized conduct
Created a safety hazard
Credentials lost or not renewed
Crime of opportunity
Crimes of larceny -- moral turpitude
Criminal possession of a weapon
Criminal sale of a controlled substance
Deceptive court conduct
Deficient job performance
Defrauded the employer
Demonstrated lack of qualification for job
Destroying employer’s equipment or materials
Did not produce the requested document
Direct threat to others
Discharge following a positive test for unlawful drugs
Disclosed sensitive information about a narcotics investigation
Discourteous to others
Discredited the employer in the eyes of the public
Dishonesty
Disobeyed a direct order to document a medical appointments
Disobeyed a state trooper's order to remain in the vehicle
Disobeyed a superior’s direct order
Disobeyed an order from her supervisor to leave her work area and go home
Disobeyed an order to take a post assignment
Disrespectful and insubordinate
Disrespectful conduct
Disrespectful towards superiors
Disruptive behavior
Divulged official and sensitive information a narcotics investigation
Downloaded employer files containing sensitive information
Drivers license essential to performance of the job suspended or not renewed
Driving department vehicle “with a passenger, after hours and off-route"
Driving in excess of the speed limit
Drug abuse
Dual office holding
Effort to narrow the qualified applicant pool for the employee’s position
Embezzled money from the employer
Employee’s dishonesty
Engaged in a number of off-duty practical jokes
Engaged in repeated acts of disloyalty
Engaged in unauthorized off-duty employment
Engaging in activities that constitute a conflict of interest
Engaging in conduct that may result in a safety hazard
Engaging in a personal business during normal working hours
Excessive absenteeism
Excessive force against a prisoner
Excessive use of sick
Excessively absent from work
Fabrication of the existence of a confidential informant
Failed of employee to provide a urine sample within the time limits
Failed to “properly safeguard his off-duty firearm”
Failed to account to the employer for his whereabouts
Failed to accurately track revenues and expenditures
Failed to attend a mandatory medical examination.
Failed to attend board meetings without valid excuses
Failed to be a domiciliary of the jurisdiction
Failed to be found at home after reporting sick
Failed to complete required training
Failed to comply with a superior’s lawful order
Failed to comply with certification requirements
Failed to comply with proper protocol during a fire
Failed to cooperate in an official
Failed to disclose pertinent information on an employment application
Failed to document an absence
Failed to establish a residence in the jurisdiction
Failed to file an oath of office
Failed to follow lawful directives of his immediate supervisor
Failed to immediately report an accident involving an agency vehicle
Failed to inform the Department of her medical
Failed to log in and out properly in accordance with attendance rule
Failed to maintain “proper credentialing” in order to provide
Failed to maintain adequate records
Failed to make proper computer entries
Failed to meet qualifications of employment
Failed to notify the employer of an arrest and conviction
Failed to obey a direct order
Failed to possess a minimum qualification the position
Failed to properly record payments
Failed to provide satisfactory medical excuse
Failed to renew a license required to perform the duties of the position
Failed to report an intended absence
Failed to report for a random drug test.
Failed to report to duty assignment
Failed to report wrongful conduct by another
Failed to report to work as directed
Failed to satisfy a job qualification
Failed to take one of the required tests for a teaching license
Failed to take proper safety precautions
Failed to turn in employer’s keys when so ordered
Failed to wear a vehicle seat belt properly
Failed to yield the right-of-way to another vehicle resulting in an accident
False affidavit submitted
False and willful misrepresentations
False or misleading logbook entry
False or misleading statements concerning individual’s employment status
False representations as to residence
Falsely answered an investigator's questions
Falsely reported visit to a doctor
Falsely submitted affidavit claiming non-receipt of pension loan check
Falsified time cards
Fighting on the job
Filed a false report
Filing a false criminal complaint
Filing misleading reports concerning an incident
Financial assistance obtained under false pretenses
Fitness or ability to do jobs
Forged endorsements on checks
Forging a principal’s signature on an annual operation plan
Fraternizing with a prison inmate
Fraud
Habitual tardiness or absences
Harassment of fellow employee based on co-worker’s religion
Having inappropriate conduct with female
Hearing held in absentia for being AWOL
Holdover appointee terminated
Hope of receiving "professional courtesy" by displaying official ID
Horseplay involving threats with an “imitation” handgun
Ignored a superior's order
Illegal gambling operation
Improper demeanor
Improper use of a firearm
Improperly provided confidential information
Improperly used a work e-mail account for union activities
Improperly wearing a seat belt while on duty
Inability to produce proof of possession of a required license or certificate
Inappropriate comments of a sexual nature to students
Inappropriate physical contact
Inappropriate relationship with a high school student
Inappropriate remarks
Inappropriate sexual conduct in the presence of a student
Inappropriate sexual contact with students
Inappropriate sexual relationship with a student
Incarceration - actionable as an absence without leave
Incarceration rendering employee unable to perform duties
Incarceration, failure to report for work
Ingestion of unlawful drug
Injured co-worker
Insubordination
Intentional wrongdoing
Intentionally “chest bumping” a co-worker
Intimidating conduct
Intoxication on the job
Jeopardized the health and safety of his coworkers and of the public
Lack licenses as being “unqualified,” in contrast to being “incompetent
Lack of a required license or permit
Lack of the requisite integrity and judgment to retain the position
Lacked the good moral character necessary to be a teacher
Larcenies of school funds
Larceny
Leaving an inmate unguarded in a hospital room
Led employees to believe that their health was in danger
Left an assigned post without the approval
Left residence repeatedly without permission while on sick leave.
Left the call scene without authorization from a superior officer
Lost the license required to perform the duties of the position
Lying while being investigated concerning job-related conduct
Made a false logbook entry.
Made death threats
Made inappropriate comments of a personal nature
Made inappropriate comments of a sexual nature
Making a false entry in the “logbook”
Making a false statement on his employment application
Making inappropriate comments of a sexual nature to students
Making late payments
Making sexually suggestive remarks
Making threatening comments about “going postal”
Mandatory overtime assignment refused 
Marijuana, positive test for
Material false statement of individual’s application for employment
Material misrepresentations
Menacing conduct
Mentally unfit for duty
Mischaracterized his source of information in an investigation of corruption
Misconduct — dereliction in the performance of one's job
Misconduct directed against co-workers.
Misconduct stemming from interactions with others
Misleading statements in employment application
Mismanagement of financial accounts
Misrepresenting work productivity
Missed roll call
Misuse of employer’s e-mail for “union election activities”
Misuse of sick leave
Misuse of the employer’s computer system
Misusing one’s official position to gain a personal advantage
Misusing position to obtain personal information concerning others
Moral turpitude and dishonesty
Neglect of duty
Negligent operation of an agency motor vehicle
Nexus between the misconduct and her official duties
No longer qualified to work in the United States
Not being truthful in responding to questions posed
Not qualified for the job because regular attendance is necessary 
Obtaining financial aid under false pretenses
Obtaining official information for a personal purpose
Off there assigned route to collect a large quantity of garbage
Off-duty misconduct by displaying shield 
Off-duty misconduct in violation of employer’s rules
Off-duty misconduct unrelated to duties of the position
Off-duty misconduct, threatening actions and remarks
Offense that occurred while employee was off-duty
Offering a false instrument for Filing
Office vacant by reason of individual’s unexcused absences
Official misconduct 
Omission of relevant information in application for employment 
Opened, sent, and printed sexually explicit e-mails, images, and videos 
Openly viewed such pornographic material on a school computer
Operating a motor vehicle under the influence of alcohol.
Operating a truck without wearing a seatbelt
Operating his bus ahead of schedule
Overpaying self $8,493 in salary
Participation in a teachers' union action
Pattern of behavior in affording the girls preferential treatment
Pattern of dishonesty
Pattern of misconduct
Pattern of poor work performance
Perjury
Persistent failure following instructions
Personal travel using an agency vehicle
Pinching the student with a pair of pliers
Playing a practical joke
Plea of “no contest” or novo contendere
Pled guilty to crime in another state 
Political activity during working hours 
Pornographic material found on employer’s computer 
Positive drug test for marijuana 
Positive random drug test 
Positive test for marijuana
Positive test for unlawful drugs 
Possessed and ingested marijuana
Possessed marijuana with an intent to use it
Possession and use of cocaine
Post-traumatic stress disorder
Preparation of a false advertisement
Preparing a false report about the incident
Productivity misrepresented by employee
Profanity directed at a supervisor
Prohibited business or political activity
Provided marijuana and matches to a juvenile resident of a secure facility
Public disclosure of confidential and executive session information
Quasi-military organization personnel subject strict discipline
Reckless endangerment
Refused a post assignment
Refused a reassignment
Refused to answer job related questions after being granted “use immunity”
Refused to answer the supervisors'
Refused to answer work-related
Refused to comply with a board directive
Refused to comply with numerous orders from superior officers
Refused to cooperate in a non-disciplinary investigation interview
Refused to cooperate with the child protective officer
Refused to follow a direct order from a supervisor to answer a telephone
Refused to immediately comply with supervisor’s instruction
Refused to obey a superior’s order
Refused to obey reasonable order
Refused to participate in a disciplinary investigation
Refused to perform light duty
Refused to respond to inquires
Refused to sign a statement acknowledging receipt of a “verbal warning”
Refused to submit to the drug test
Refused to wear new uniform
Reinstatement to the higher-level former position
Removal of a public officer by the Appellate Division
Removal of a school district official by the Commissioner of Education
Remove officials from their public office
Removing material originating from private renovation contractor
Repeated acts of insubordination
Repeated disciplinary action
Reporting 30 minutes late to a scheduled class
Required license –Failed to obtain [or maintain]
Residence in employer’s geographic jurisdiction not maintained
Residence requirement, failed to satisfy terms of the contract of employment
Resisting arrest.
Self-dealing
Selling an alcoholic beverage to a minor 
Sensitive information about a narcotics investigation disclosed
Serious financial and records mismanagement
Serious judicial misconduct 
Sexual harassment
Sexual intercourse with former students 
Sexual misconduct with a student
Sexually abused a patient
Sexually explicit e-mails, images, and videos transmitted at work
Showing an "R" rated film to students in violation of the District's policies
Showing pornographic films in class
Sick leave obtained using fraudulent medical data
Sick leave, misuse of
Sleeping on duty 
Sleeping on the job
Smoking in a no-smoking area
Smoking on the job
Social relationship brought discredit upon the employer
Socializing with prison inmates 
Soliciting and accepting a gratuity
Speaking “in a loud and hostile voice to a customer during a telephone call”
Spitting upon a police officer 
Stalking
Stealing from the employer
Submission of falsified records to employer
Submitted false medical
Submitted false notes to substantiate emergency leave
Submitted falsified time reports
Submitting a bogus doctor's note 
Submitting a false affidavit 
Submitting fraudulent medical data 
Substance abuse
Substandard performance history
Superior’s signature forged on an official document 
Suspension or loss of required license
Termination for medical incompetence absent 219 days in a two-year period
Tested positive for cocaine during a drug test
Tested positive for marijuana
Theft of employer’s funds
Threatened “to call in sick” to avoid unwanted assignment
Threatening a superior
Threatening behavior towards coworker
Threatening conduct
Threatening other agency employees
Threats made in the heat of an argument
Threats with an “imitation” handgun
Time and attendance abuse
Time and attendance violations
Took $4,680 from the NYC Retirement System
Traffic-related altercation
Unable to provide a urine sample during a random drug test
Unacceptable performance
Unacceptable personal risk to employee and safety concerns for others
Undue familiarity with an inmate in violation of the employer’s rules 
Unethical behavior – removal of a judge from office
Unexcused absences absence of school board member
Unfit to perform the duties of the position
Unlawful drug usage 
Unlawful order to subordinate
Unlawfully disclosing student identification numbers
Unpaid student loans with balances totaling about $430,000
Unqualified to perform the essential functions of the job
Unrenewed license required to lawfully perform the duties of the position
Untimely completion of assigned tasks
Unwilling to follow instructions 
Use of an agency's vehicle for personal travel
Use of employer’s e-mail for “union election activities”
Used a school-owned laptop computer to view pornographic material 
Used firearm improperly
Used profanity towards a coworker
Using a department vehicle for an unauthorized purpose
Using cocaine on several occasions while employed as a firefighter
Using employer’s equipment for personal business
Using employer-owned computer equipment for personal reasons
Using excessive force on an inmate
Using inappropriate speech
Using physical force against a student
Using profanity towards police officers
Using the position to enhance a social relationship
Using the position to intimidate and threaten district personnel
Using theposition to obtain confidential personal information
Uttered profanities to another officer
Vacancy is created in a public office
Verbal and physical altercation with a co-worker
Violated of a employer’s regulation
Violated the employer's policy prohibiting fraternization by employees
Violated the employer's residency policy
Violated the terms of a disciplinary settlement
Violating department rules prohibiting patronizing a prostitute
Violating OATH rules of practice
Violating the employer’s use of the Internet policies
Violating the terms of a disciplinary probation agreement 
Violating the terms of a discipline settlements 
Violating workplace rules prohibiting sexual harassment
Violation of a public trust
Violation of a reasonable work condition 
Violation of employer’s rules
Violation of the employer's code of conduct
Violation of the individual’s oath of office
Violation of the school's telephone
Violation of the terms of a disciplinary settlement
Violation of time and leave rules 
Violation of Zero drug tolerance policy 
Visa required by educator voided
Voiding of the educator’s required visa
Walked off her post guarding an inmate in hospital room
Was discourteous and disrespectful to another
Willful dishonesty in responding to superior’s question
Willfully refused to return confidential material
Work-connected questions, declined to answer
Working overtime without approval - charged with submitting false claims
Wrongfully discharged of a firearm
Wrongfully displayed a weapon while making a threatening remark
Zero drug tolerance policy violation