A sleeping ferry engineer and a state trooper without a weapon

Two recent cases address issues created when an initial disciplinary action has not been fully thought through or the basis for it is not clearly articulated.Discipline in excess of settlement agreement cannot be enforced Timothy Wood was employed as a Chief Marine Engineer aboard the Staten Island Ferries. During a shift he was observed sleeping during docking, in violation of docking procedures. No formal disciplinary was taken but Wood entered into a settlement agreement admitting that he had been sleeping and agreeing to a thirty day suspension. The agreement further provided that it was "executed in consideration of the Department's resolution of the aforementioned charge without the furtherance of disciplinary action in this matter."Upon his return to work, Wood was advised that he would no longer be allowed to work in his recently bid job but would be assigned to non-passenger service dock work. He was thereafter prohibited from bidding…

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