Schoolcraft v. The City Of New York et al

Filing 308

DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit REDACTED, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit REDACTED, # 7 Exhibit REDACTED, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit REDACTED, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit REDACTED, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit REDACTED, # 20 Exhibit)(Smith, Nathaniel)

PLAINTIFF'S MOTION
EXHIBIT 20

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whole of things.

i

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could be a

So i t may even

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have started as a

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you found additional misconduct.

sick leave abuse and then

5

Q.

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sick report,

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being sick at all or not being where they're

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supposed to be,

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absence without leave in

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So if somebody sort falsifies

a

and ends up playing golf or not

that would not constitute an
terms

of charges or

disciplinary charges?
I t ' s really dependant on the

A.

11

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advocate,

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advocate's office.

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up a

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different charges.

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figure

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of those charges.

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the case law and figure

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to charge specifically.

in the department

How they want to write

specific charge.

Q.

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the attorneys

I

may request five

They would have to then

out i f there's enough to support each
Then they would look at
out what they wanted

With regard to sick leave,

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specifically,

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the service go sick?

A.

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how does a

Well,

uniformed member of

you're going to call your

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place of employment,

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say,

your command,

let's

the guides states that i t should be

212-267-6868

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done two hours before the start of your tour

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of duty and then in addition at the tail end

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of 2010 i t changed to where you'd also have

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to call

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you had reported sick.

the sick desk and also report that

7

Q.

But in 2009,

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A.

Right.

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Q.

What --

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A.

2009,

specifically --

you would

just call your

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command,

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am reporting sick and then the command would

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be responsible to call the medical division.

Q.

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15

speak to your supervisor and say I

So the member going sick would

not be required to call the sick desk?

A.

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Not at that time,

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Their only obligation was

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not in 2009.

command.

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Q.

And what is the response of the

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command;

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opportunity to say no,

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somebody says

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or is i t almost automatic,

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okay,

does

the command have like an

I'm sick,

then they f i l l
MR.

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212-267-6868

to call the

deny sick even though
I

don't feel

well;

where they say

out paperwork?

KRETZ:

Objection.

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answer.

3

A.

You can't deny someone to go
The desk officer has

the ability to

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sick.

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decide whether or not you would be granted

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administrative sick or regular sick.

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Administrative sick is a

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and you're not required to see a

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don't have to provide any records.

one-day sick event,
doctor,

you

And

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regular sick you're required to see our

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police department surgeon.

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has

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which one of those you would be granted.

the ability to make a

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15

The desk officer
determination

Administrative sick versus

Q.

regular sick?

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A.

You could have line of

Correct.

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duty sick,

but that would be a

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accident.

You would already be at work for

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that.

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could call in for day two.

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actually get two days out sick,

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administrative,

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that doesn't require a

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doesn't require any medical documentation.

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workplace

Then the administrative sick,

Q.

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you

So you could
day one

day two administrative and

What is

doctor's visit,

the --

so if the member

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