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THE CITY O~ NEW YORK; the OFFICE OF ADMIN1STRATIVE TRIALS AND HEARINGS; DAVID GOL TNin his official capacity as . ADMINIST TIVE JUSTICE COORDINATOR, OFFICE OF E MAYOR and SUZAl\;TNEA. BEDDOE in her official apacity as COMMISSIONER AND CHIEF AD:MINIS TIVE LAW JUDGE OF TI·IE OFfICE OF ADMINIS RA TIVE TRlALS HEARINGS~
CITY OF NEW YORK, the OFFICE OF ADMINISTRATIVE TRIALS AND
capacity as ADMINISrRA TIVE JUSTICE
A. BEDDOE in her official capacity
AND CHIEF ADMINJSTRA TIVE LAW JUDGE OF THE OFFICE OF TRIALS AN'D HEARINGS to institute a Hearing
Tribunal) to submit decisions and to see
""",",,,,,, Violation in its entirety, was arbitrary and capricious, in error of'law, ultra of
of the Rules a/the City
York ("RCNY"). including ~ut not limited to,
24 RCNY § 7.11' and 48 RCNY §§ 101, 102.103,
an order and judgment (A) declaring that the acts
as set forth herein;
necessary to ensure
practices are of the unlawful procedure
THE CITY O~ NEW YORK; the OFFICE OF ADMINISTRATIVE TRIALS AND HEARlNGS; DAVID GOLlDIN in his official capacity as ADMINISmt-EVE JUSTICE COORDINATOR, OFFICE OF ras MA VOR and SUZANNE A BEDDOE her official fapacity as COMMISSIONER AND CHIEF ADMINISTRATIVE LAW JUDGE OF THE OFFICE OF ADMINISfRA TIVE TRlALS AND HEARINGS,
Ad!niniS1lrativ~Trials and Hearings ("OA THiHealth Tribunal"), who have presided over a or rendered a default, to make findings and to issue a written decision. 24 RCNY § 7, II. Contrary to this mandate, has implemented a new procedure which requires all HOPS to see the
at the OATHIHealth Tribunal prior to issuing any dismissals.
..... ... p .1.1
with the RCNY in that it interferes with the legal authority
over a hearing. Id. Under this new procedure, the findings, conclusions and
presiding HOPS arc subject to review, and potential revision by a supervisor, violates not only the letter of the law but also the consistent practice in properly implementing that law, under which the presiding HOPS alone made those
and issued the decision without requirement of, or resort to, prior
special proceeding is also brought to demand that the Respondents comply 48 RCNY _ Dismissals produce no
dismissals mterest to the
MICHAEL MULGREW is the President of the United Federation of
2, American Federation of Teachers, AFL-CIO ("UFT'}
employee within the meaning of
The UFT is an as a voluntary
Service Law §
operates pursuant to
..... .-t'l':!"' ....<: ,
labor reJatio~ at the Office of Labor Relations, 40 Rector Street, 41ft loor, New York, New York F
County, TRIALS AND HEARINGS
I Respondent, was established
the OFFICE OF ADMINISTRATrvE Order 1
that conducts administrative bearings on Notices of Violation ("NOV s") issued by City agencies including the Department of Health and Mental Tribunal is part of OA l-H 9.
hears cases concerning alleged violations issued by DOH1v1H, place business Rector New
, OATH maintains its
New York 1O~06 and does business within New York County, 10.
DAVID GOLDIN, ESQ. ("Goldin") is the Administrative Justice New York to
Coordinator, ~ffice of the Mayor, and was appointed by the Mayor of the City
oversee City a~ministrative tribunals to enhance professionalism, efficiency and accountability of
IGoldin, in his official capacity as Administrative
Justice Coordinator, maintains 1
business f",ithin New York County. 12.
I a1d does
or more members of the UFT have standing to sue, interests advanced herem are germane to the purposes because the Service bargains
its members pursuant to the Taylor
Where a violation is sustained, the hearing officer
This rule stands in contrast to those governing hearing officers at certain
to apply to
at the OA TIIlHeath Tribunal
predecessor tribunal at Department
l'1AR-28-2012 14: 02
receives information indicating a substantial likelihood that another City law judge has committed a substantial violation of these Rules such to head tribunal, Coordinator in the of the or the Chief Judge or as applicable. to the official occupying any successor position. In ,'-1'..... a City administrative law judge must comply with any agency rules the reporting of such information within the or tribunal (complaint procedures the report and investigation of alleged
RCNY which may constitute misconduct).
STATEMENT OF THE FACTS
As noted, HOPS at
OATH/Health Tribunal are responsible for finding the
making conclusions of law and rendering determinations. Until November no supervisory review of any decisions issued the HOPS at the OATHlHea1th
to issuance. Nor had there been any such prior review in the multiple years HOPS acted' a similar capacity for DOHMH email the same issued by Managing Attorney at
This would include decisions where you dismiss NOVs [Notice of on the the NOV was defective. You can deposit the is "®+U''d''''¥
nnprementati it OATH/Health Tribunal to
consistent with those
authority vested in the HOPS at the OATH/Health Tribunal presiding over a hearing, to
the functions ~andated by the law. Under this new procedure, the findings, conclusions and
decisions of~e presiding HOPS are subject to review, and potential revision by a supervisor, This new proc~dure violates not only the letter of the law but also the consistent practice followed for Yfars
properly Implementing that law, under the
determinations and infl supervisory review or 1 uence,
See 48 RCNY §§ 101, 102, 103.
The mere issuance of the new procedure has notified HOPS that "no penalty" decisions undergo further scrutiny than Moreover, requirement of prior determinations and produces
of dismissals interreres with impartial based upon their
conclusions rendered credibility determinations other
that an .
AS AND FOR A FIRST CAUSE OF ACTION
34. repeats and real leges each and every allegation contained in paragraphs of this Verified Petition with the same force and effect as if set forth fully herein.
to rrespect and comply with the
without partiality, protecting and promoting
other impropriety", and all other
confidence AS AND FOR A THIRD CAUSE OF ACTION 38. " through herein. 39. By reason of the foregoing, the Respondents have acted arbitrarily, capriciously same and
and in contravennon of the law and ultra vires by unlawfully limiting the authority of the at the OATHlHeaIth Tribunal from rendering findings of fact, conclusions of
and other relevant provisions
AS AND FOR A FOURTH CAUSE OF ACTION
procedure the City of proper.
notice to the UFT and all members of the relevant bargaining unit of HOPS for York; and, ( C) grant Petitioner such other and further relief as is just and
ablde 1, See me to ~ismlsslng If you have ~lJestions or see me, If I am ~ot aVlIilable,
questlon] In rnv
. View the inspec,ion
report in ATAS
be helpful when ",djudicating the NOV,
you for your coopiration,
Sharon Lewis- Willia$s Managing Attorney I .OATH/Health Triburlal 66 John Street, 11th Floor New York, NY 10038
To: OATH-Health AU Subject: DISMISSALS
From: Lewis~WHliam~( haron S sent: Toe 1.1/15/2011 4:p6 PM
OIIke of Genenl eouns.l RIchard E, casagrande GtrH!flJl Counsel
A$soc/ote Geneml Counsel Counsel Claude I. Hersh Assfst(VIt GenertIl Counsel
James D. Blllk AssocIate General
RIchard A, Shime Associate General Coumel
By email a-kd band deliver:!
Mayra Bell,i Esq. General Counsel Office ofr4bor Relations 40 Rector Sp-eet, 41h Floor New York. New York 10006 Atta: Davjld Goldin, Esq. Administrative Justiet! Coordinator,
om" of the Mayor
SuJanne A. Beddoe, Elq., CommiSlioner and Cbief Administrative Law Judge of
I ani sending this letter to you as attorney for the Office of Labor Relations, I would request that this letter be forwarded to the two above individuals for whom I understand you act as counsel. If I need to sbnd this to another office, I would greatly appreciate it ifYQU would notifY me immediately at (212) 534..6300 x 113.
PletCse be advised that it has been reported to the tha!t a new rule has at
Hearing Officers (Per Session) Tribunal bargaining
and an other re omn
Mayra Belli Esq. February 23, 2012 PDie2
ThiJ new requirement, that the HOPS receive prior supervisory approval before issuing dismissals qfNOVs in their entirety, is in violation of the New York City Health Code, RCNY, Title 24, PursutWtto such rules, HOPS presiding over heatings at the OATHIHealth Tribunal arc required to comply ,¥ith the following rule:
A Written decision sustaining or dismissing each charge in the notice of violation shall be p,romptly rendered by the hearing examiner who presided over the hearing. or who co~ucted the adjudication by mail, or who rendered a default Each decision, other tha~ a default decision, shall contain findings of fact and conclusions oflaw. Where a vi~lation is sustained, the hearing officer shall impose It penalty.
RCNY, Title 24t § 7.05( I).
ThEj new requirement also violates OATH Rules of Practice, contained in Title 48 of the RCNY, wl)ich demand that the HOPS "adjudicate fairly. without partiality, prejudgment or impropriety" and requires that the HOPS be ''faithful to the law" and "not swayed by partisan interests, public clamor or fear of public criticlsm". RCNY at §§ 101 and l03(A)(1). These are a few of the multiple e"$cal duties set forth under this Title of the RCNY governing adjUdications by HOPS. Th~ implementation of this new rule deviates from the RCNY by requiring the HOPS to have their findings and conclusions reviewed by a supervisor prior to issuance of dismissals. Moreover, also raises ~ssues concerning impartiality since the rule concerns review solely of decisions in which the HOPS 4etermme that no penalty is to be imposed, and therefore no revenue returned to the City.
Pro,,,;: leWIs-Wlll1a Sharon
TOI OATH ..Healtb Cc; Vee,
IeIIt; Tue 11/
HDnvi Gree!ne, Wnvne
To ensure oonsfsten'?Y In our hearln, procedure and In wrltlnl decisions, please abide by the following:
prirJr to dismissing NOVs In their entlretv, If you have any questions or Issues relanflnl hearlns procedure, law or experience tedlnlc:al problems, please see me. If Iiam not available, please see Wayne Greene. Wayne Greene is the only person authorized to answer questions In mv absence. 3. View the In~pectfon report In ATAS before eEld's hearing, The Inspection report cont4llns Information thlt may be helpful Wpen adjudicating the NOV.
'Il1ank you for your cjaoperatlon.
Sharon Lew:is.Wiiuams Managing Attorn~
OATH/Health Tribunal 66 John Street, 11th Floor New York, NY 10038
(212) 361-1092 i Slewis-williametetoath.nyo.gOV'
Sent: Toe 11/15/20~1 4:06 PM To: OATH-Health AU SubJect: DISMISSALS
FNm: Lewls-Wnjlams, Sharon
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