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
2
could be a
So i t may even
3
have started as a
4
you found additional misconduct.
sick leave abuse and then
5
Q.
6
sick report,
7
being sick at all or not being where they're
8
supposed to be,
9
absence without leave in
10
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
12
advocate,
13
advocate's office.
14
up a
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different charges.
16
figure
17
of those charges.
18
the case law and figure
19
to charge specifically.
in the department
How they want to write
specific charge.
Q.
20
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,
21
specifically,
22
the service go sick?
A.
23
how does a
Well,
uniformed member of
you're going to call your
24
place of employment,
25
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
3
of duty and then in addition at the tail end
4
of 2010 i t changed to where you'd also have
5
to call
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you had reported sick.
the sick desk and also report that
7
Q.
But in 2009,
8
A.
Right.
9
Q.
What --
10
A.
2009,
specifically --
you would
just call your
11
command,
12
am reporting sick and then the command would
13
be responsible to call the medical division.
Q.
14
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,
17
Their only obligation was
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not in 2009.
command.
19
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,
24
okay,
does
the command have like an
I'm sick,
then they f i l l
MR.
25
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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2
answer.
3
A.
You can't deny someone to go
The desk officer has
the ability to
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sick.
5
decide whether or not you would be granted
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administrative sick or regular sick.
7
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
10
regular sick you're required to see our
11
police department surgeon.
12
has
13
which one of those you would be granted.
the ability to make a
14
15
The desk officer
determination
Administrative sick versus
Q.
regular sick?
16
A.
You could have line of
Correct.
17
duty sick,
but that would be a
18
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.
25
workplace
Then the administrative sick,
Q.
212-267-6868
you
So you could
day one
day two administrative and
What is
doctor's visit,
the --
so if the member
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