Comments on: Great moments in public employee tenure https://www.overlawyered.com/2019/10/great-moments-in-public-employee-tenure-2/ Chronicling the high cost of our legal system Fri, 18 Oct 2019 15:57:31 +0000 hourly 1 By: gitarcarver https://www.overlawyered.com/2019/10/great-moments-in-public-employee-tenure-2/comment-page-1/#comment-356423 Tue, 15 Oct 2019 17:49:17 +0000 https://www.overlawyered.com/?p=73659#comment-356423 In reply to SPO.

Prosecution is not as easy as it seems and as it should be. From another NY Times article on the issue:

In its Bronx investigation, the center substantiated allegations of physical abuse or neglect against 13 employees, but the state failed to persuade arbitrators to fire any of them. The center and the Bronx district attorney each said recently that they lacked sufficient evidence to bring criminal charges. Ten of the employees still work for the state.

“Cases involving individuals with special needs are particularly challenging,” the center said in a statement. “Victims may be nonverbal or unable to provide testimony, and witnesses may not be cooperative.”

[…]

In recent months, two former employees of the Bronx facility were so reluctant to be deposed in the lawsuit that a federal judge in Manhattan took the unusual step of having them arrested and brought into court, where they promised to testify.

The judge, Paul A. Engelmayer, told one witness, Ms. Ruffin, that he had made it clear there was to be no retaliation, adding, “I want you to know that I’ve got your back on that.”

Another former employee, Michael Robertson, told state investigators that his car window was broken after he reported on a colleague.

“Ain’t nothing confidential,” Mr. Robertson said, “so people develop a sense to keep their mouth shut, even if they’re angry about what they see.”

Ms. O’Sullivan, the Office for People With Developmental Disabilities spokeswoman, said the agency was aware of concerns about “potential peer retaliation” and took steps to “change the culture.”

The Bronx investigation began after Ms. Ruffin sent out letters anonymously — “because I was scared,” she later testified. Her identity was unmasked by investigators through handwriting analysis.

source: https://www.nytimes.com/2019/06/09/nyregion/new-york-group-home-abuse.html

If New York has the same laws that my state of Florida has, people who witness abuse must report that abuse or face criminal charges. People who would be witnesses are either unable or unwilling to testify. I suppose some sort of immunity could be given, but the fear of retaliation would be powerful no matter what.

The Times goes on to document that this is not an isolated case and more often than not, despite allegations of proof of abuse, whether to even fire the employee ends up in front of an arbitrator who allows the employee to keep their job.

Maybe New York should be looking at getting rid of not only the workers, but the contracts that send these cases to arbitrators and the arbitrators who care more about union workers than those they abuse.

]]> By: MattS https://www.overlawyered.com/2019/10/great-moments-in-public-employee-tenure-2/comment-page-1/#comment-356421 Tue, 15 Oct 2019 14:36:41 +0000 https://www.overlawyered.com/?p=73659#comment-356421 In reply to SPO.

No, the issue is that the government is generally reluctant to prosecute its own.

]]> By: Hugo S. Cunningham https://www.overlawyered.com/2019/10/great-moments-in-public-employee-tenure-2/comment-page-1/#comment-356416 Mon, 14 Oct 2019 23:37:38 +0000 https://www.overlawyered.com/?p=73659#comment-356416 In reply to SPO.

As a compromise, they could line the cruel employees up for prosecution, and bargain them free only on condition that they irrevocably renounce their rights to reinstatement, back pay, and everything else in the NY civil service system.

]]> By: SPO https://www.overlawyered.com/2019/10/great-moments-in-public-employee-tenure-2/comment-page-1/#comment-356411 Mon, 14 Oct 2019 15:53:30 +0000 https://www.overlawyered.com/?p=73659#comment-356411 In a country that can prosecute a 12 year old girl for finger guns, surely these employees can be prosecuted?

The issue is will.

]]> By: Melvin H. https://www.overlawyered.com/2019/10/great-moments-in-public-employee-tenure-2/comment-page-1/#comment-356406 Mon, 14 Oct 2019 06:50:48 +0000 https://www.overlawyered.com/?p=73659#comment-356406 All I can say is, if the Catholic Church is liable for moving priests that committed crimes around then the State of New York—maybe as well as any unions and government departments—should be held as liable.

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