OATH Index No 543/13

OATH Administrative Law Judge Kevin F. Casey found that the Department of Sanitation sustained seven charges relating to time and leave violations brought against a sanitation worker, R.M.

R.M. admitted much of the charged Misconduct.

ALJ Casey, however, found that most of R.M.’s time and leave issues were related to an alcohol problem, that R.M. had completed inpatient alcohol rehabilitation, and that R.M. had not been late or AWOL since completing the program.

Citing McEniry v. Landi, 84 N.Y.2d 554, in which the Court of Appeals ruled that an employee should not be terminated for alcohol-related misconduct that occurred before rehabilitation if he or she completed it successfully and maintains satisfactory performance afterwards, Judge Casey recommended that R.M. should not be terminated from his position. Rather, the ALJ recommended that R.M. be suspended without pay for 30-days.

The decision is posted on the Internet at: