Misusing an ability to access confidential information in employer's database Conflicts of Interest Bd. v. McNair (in PDF), OATH Index No. 1114/11 OATH Administrative Law Judge Faye Lewis found that the employee had violated the City Conflicts law by using her City position of eligibility specialist to access confidential information from the agency's database. Judge Lewis found that the employee was using the information to harass a woman she believed was having an affair with her husband. The employee did not appear at the trial and thus did not offer any evidence in mitigation or explanation.* The New York City Conflicts of Interest Board a $7,500 fine, as recommended by ALJ Lewis * Courts have held that the employer may proceed with a disciplinary action even though the employee is not present. The hearing may proceed and the employee tried in absentia provided the appointing authority made a diligent effort to contact the employee to inform him or her that the disciplinary hearing had been scheduled and would take place even if he or she did not participate. The charging party has the burden of proving the allegations notwithstanding the absence of the individual from the proceeding.
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