Employee exonerated of alleged off-duty misconduct

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Employee exonerated of alleged off-duty misconductNYC Department of Corrections v Gayle, OATH Index #105/12
OATH Administrative Law Judge John B. Spooner recommendeddismissal of a charge that a correction officer had caused more than $250 worthof damage to her former landlord’s property.
The landlord’s testimony that he saw the correction officer hittingthe bathroom walls with a sledgehammer was uncorroborated and contradicted inpart by evidence that the landlord himself had damaged the apartment.
The correction officer’s testimony that she had moved out ofthe apartment one month before the damage was incurred following alleged “improperactions by the landlord,” was corroborated by her sister’s testimony, date-stampedphotographs showing the apartment in disarray, and the landlord’s admissionthat he had piled bolts of fabric inside the correction officer’s apartment andremoved light bulbs because he was frustrated by her failure to pay rent andabrupt departure from the apartment.
The decision is posted on the Internet at:http://archive.citylaw.org/oath/12_Cases/12-1051.pdf