Union Delegate Request and Unauthorized Suspension
Lieutenant supervising a midnight platoon. Officer Ramos, 14 months on the job, has been late three times in 21 days and missed a radio run for a robbery in progress; another unit responded. The lieutenant wants to interview Ramos about the missed run, suspend him for 10 days without pay, and place a command discipline in his file. Ramos, a union member, asks for a delegate. The lieutenant says, 'If you want a delegate, the interview is over, and I'll write you up for the lateness anyway.' Ramos leaves. The next tour, the lieutenant issues a 10-day suspension and a Command Discipline. The officer has no prior formal discipline but was counseled twice. The commanding officer asks for a memo explaining the legal and contractual basis. The department's disciplinary matrix treats failure to respond as a serious violation but does not authorize a lieutenant to impose a suspension without review.
1. Did the lieutenant handle the request for a union delegate correctly under Weingarten?
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Ramos had a right to a union delegate at an investigatory interview he reasonably believed could lead to discipline. That is the Weingarten rule. The lieutenant had two lawful choices: allow the delegate to attend, or cancel the interview and proceed based on documentary evidence. What the lieutenant could not do was penalize Ramos for asking. Saying 'I'll write you up anyway' creates the appearance of retaliation and weakens the Department's position. Because the lieutenant cancelled the interview, he may use radio logs, time records, and prior counseling memoranda, but he should not rely on any statements Ramos made before the request. The suspension should be reviewed independently; the request for representation is not insubordination.
2. Does a lieutenant have authority to impose a 10-day suspension without pay?
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A lieutenant does not have unilateral authority to impose a 10-day suspension without pay. For a tenured employee, suspension without pay is a disciplinary penalty under Civil Service Law §75 and must follow the statutory process; for a probationary officer, the Department may terminate without a §75 hearing, but that decision belongs to higher authority and still requires documentation. The lieutenant's proper role is to investigate, prepare a memo with dates and facts, recommend a penalty, and route it through the commanding officer and disciplinary review. The Command Discipline process has its own approval levels. Imposing the suspension first and asking for authorization later exposes the Department to a labor grievance and undermines the case. The lieutenant should also check whether the missed radio run involved a serious risk to public safety, which affects the recommendation.
3. What should the lieutenant do now to correct the process and document the case?
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The lieutenant should withdraw the unauthorized suspension, preserve the paperwork, and prepare a complete Chrono/memo. The memo should list the three lateness dates, the missed robbery run, the two prior counseling sessions, and the radio log entries. It should recommend a penalty consistent with the disciplinary matrix and note the officer's probationary status. The lieutenant should also schedule a non-disciplinary counseling session to correct the radio-response failure and document the training. If the Department pursues discipline, the officer must receive notice and an opportunity to respond; the union can be involved at the appropriate stage. The supervisor should avoid promising a specific penalty before review. Finally, the lieutenant should review platoon radio procedures so that a missed run is detected in real time, not after the fact.