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Human Resources Admin. v. Henderson

OATH Index No. 1666/07 (May 2, 2007)

Continuous long-term unauthorized absence decided on the papers. Termination recommended.

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NEW YORK CITY OFFICE OF

ADMINISTRATIVE TRIALS AND HEARINGS

In the Matter of

HUMAN RESOURCES ADMINISTRATION

Petitioner

- against -

ISABELL HENDERSON

Respondent

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REPORT AND RECOMMENDATION

ALESSANDRA F. ZORGNIOTTI,Administrative Law Judge

This is a disciplinary proceeding referred by petitioner, the Human Resources Administration, pursuant to section 75 of the Civil Service Law. The charges allege that respondent Isabell Henderson, an Eligibility Specialist I, has been continuously absent without leave from August 7, 2006, to present (ALJ Ex. 1).

A hearing on the charges was scheduled to be conducted before me on May 2, 2007. Upon respondent’s failure to appear, proper proof of service of the charges and the notice of hearing were submitted (Pet. Ex. 2). Such evidence established the jurisdictional prerequisite for finding respondent in default and the matter was submitted on papers.

Petitioner submitted the affidavit of Dorothy Royal, a Disciplinary Consultant, who works in the Office of Staff Resources and is familiar with respondent’s attendance records (Pet. Ex. 3). The affidavit established that respondent failed to return from an approved medical leave, that she has been absent without leave from August 7, 2006, to present, and that she failed to resolve her employment status by August 24, 2006, as directed. Accordingly, I find that respondent engaged in the charged misconduct.

FINDINGS AND CONCLUSIONS

1.Respondent was properly served with the charges and notice of hearing.

2.Respondent has been continuously absent without leave as charged since August 7, 2006.

RECOMMENDATION

Respondent has been found guilty of unauthorized absence from work for an extended period of time. Respondent’s unauthorized absence is a fundamental form of misconduct which substantially impedes the agency's ability to fulfill its mission. The only appropriate penalty for such misconduct is termination, and I so recommend.

Alessandra F. Zorgniotti

Administrative Law Judge

May 2, 2007

SUBMITTED TO:

VERNA EGGLESTON

Commissioner

APPEARANCES:

PATRICK SOOHOO, ESQ.

Attorney for Petitioner

No appearance for Respondent