Administrative Law Judge recommends termination of employee found guilty of misconduct unrelated to official duties

Administrative Law Judge recommends termination of employee found guilty of misconduct unrelated to official duties NYC Department of Sanitation v Ragone, OATH Index #1970/11 Pursuant to Mayoral Executive Order No. 16, the Department of Sanitation sought to terminate the employment of a worker who had been convicted of petit larceny. The Order provides for the dismissal of any City employee convicted of a crime relating to their employment, which crime involves moral turpitude or bears upon their fitness to perform their duties. OATH Administrative Law Judge Ingrid M. Addison found that Andrew Ragone had obtained a pension loan from the City. After cashing the check, he filed a sworn affidavit that he had not received it. NYCERS issued two supplemental checks, both of which Ragone cashed. Judge Addison found that although the crime was not committed on Department property and did not concern Ragone's work-related duties, the theft related to his status as a City worker because through that status, he obtained the loan and subsequent checks. In the absence of compelling mitigating factors, Judge Addison recommended that Ragone be terminated. Judge Addison's decision is posted on the Internet at: http://archive.citylaw.org/oath/11_Cases/11-1970.pdf

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