Personnel
ALJ recommends dismissal of charges.
ALJ Alessandra F. Zorgniotti recommended dismissal of a charge that a sanitation worker parked his vehicle on the sidewalk in front of a department facility in violation of previous orders not to. It was not shown that respondent was given an unambiguous order as the record showed that workers were told to "try" not to park on the sidewalk. Further, the charge should be dismissed as de minimis since respondent moved the car within four minutes and there was no showing he inconvenienced the public or the garage. Finally, the charge should be dismissed under the doctrine of waiver and condonation because the supervisor regularly told those who parked on the sidewalk to move their cars rather than issue a complaint.
Dep't of Sanitation v. Kaplan, OATH Index No. 035/15 (Sept. 18, 2014), adopted, Comm'r Dec. (Oct. 3, 2014).