Challenging Adverse Personnel Decisions - A 766-page E-book focusing on appealing penalties imposed following disciplinary action, adverse performance ratings, probationary terminations and the denial of unemployment insurance benefits initiated by officers and employees of New York State as an employer and its political subdivisions.
This electronic handbook [e-book]
is published as a PDF file for administrators, union officials, attorneys, arbitrators 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:
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 Challenging Adverse Personnel Decisions is $195 [USD]. It is sent via e-mail 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.
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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
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
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
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
Disrespectful towards superiors
Disruptive behavior
Divulged official and sensitive
information a narcotics investigation
Downloaded employer files containing sensitive information
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
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 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 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 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 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 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 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
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
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 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 the position 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
