Schoolcraft v. The City Of New York et al

Filing 402

FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 50, # 2 Exhibit POX 51, # 3 Exhibit POX 52, # 4 Exhibit POX 53, # 5 Exhibit POX 54, # 6 Exhibit POX 55, # 7 Exhibit POX 56, # 8 Exhibit POX 58, # 9 Exhibit POX 59)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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UNITED STATES DISTRICT COURT.
SOUTHERN DISTRICT OF NEW YORK

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ADRIAN SCHOOLCRAFT,
Plaintiff,

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Case No:
-

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against -

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cv

06005

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THE CITY OF NEW YORK,

ET AL.,

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Defendants.

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100 Church Street

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New York,

New York

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July 16,
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2014

2:35 p.m.

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DEPOSITION OF DOMINICK VALENTI,

pursuant to

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Notice,

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time,

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within and for the State of New York.

taken at the above place,

before DENISE ZIVKU,

date and

a Notary Public

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212-267-6868

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could be a

whole of things.

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

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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 terms of charges or

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So if somebody sort falsifies a
and ends up playing golf or not

that would not constitute an

disciplinary charges?

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A.

I t ' s really dependant on the

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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 out if there's enough to support each

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of those charges.

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the case law and figure out what they wanted

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to charge specifically.

How they want to write

specific charge.

Q.

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the attorneys in the department

I

may request five

They would have to then

Then they would look at

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,

you're going to call your

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place of employment,

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say,

the guides

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uniformed member of

your command,

let's

states that i t should be

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DOMINICK VALENTI

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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

the sick desk and also report that

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you had reported sick.

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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

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command,

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am reporting sick and then

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be responsible

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speak to your supervisor and say I
the command would

to call the medical division.

So

Q.

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just call your

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.
And what is

Q.

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does

the response of the

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command;

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opportunity to

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somebody says

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or is

i t almost automatic,

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okay,

then

the command have like an
say no,
I'm sick,

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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You can

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answer.

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A.

You can't deny someone to go

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sick.

The desk officer has the ability to

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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

Q.

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The desk officer
determination

Administrative sick versus

regular sick?

A.

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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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as of this date.)

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MR.

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represent,

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2016-13.

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highlighted version comes from the

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source.

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Q.

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rises

LENOIR:
a

This is,

I

will

copy of patrol guide

And I

would just say that

This is not my highlighting.
So you said if an investigation

to a

point where you would need to

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interrogate a

subject of an investigation,

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you would be guided by 206-13?

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A.

Yes.

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Q.

On the first page,

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italicized part,

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highlighted.

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highlighting is in the original

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in the

which is italicized and

from the source.

Again,

the italics and
that we got

Let me ask you to read into the

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record the first paragraph there,

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says all members of the service.

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A.

where i t

All members of the service who

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are the subject of an official investigation

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or are a

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investigation shall be given a

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period of time to obtain and confer with

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witness in the official
reasonable

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counsel prior to questioning.

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Interrogations of members in routine

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noncritical matters should be scheduled

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during business hours on a day when the

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member is scheduled to work.

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Q.

In the following paragraph where

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i t addresses interrogations in an emerging

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investigation,

where there's a

need to

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gather timely information -- let me

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you -- rather than me to parse out.

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it's a

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read that into the record,

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l i t t l e longer,

A.

just ask
I

know

but let me ask you to
as well.

Interrogations in emerging

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investigations,

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gather timely information should usually be

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done after all preliminary steps and

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conferrals have been completed and the

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member to be questioned has been afforded a

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reasonable time to obtain and confer with

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counsel.

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reasonable period of time,

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should be given to the nature of the

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investigation,

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to have the information possessed by the

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where there is a

need to

In determining what is a
consideration

the need for the department

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DOMINICK VALENTI

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member in a

timely manner and the stage the

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investigation is at when the need to

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question a

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emergent nature and exigent circumstances of

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each investigation will determine a

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of time afforded the member before

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questioning is conducted.

member has been determined.

However,

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The

length

in all cases the

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determination as to what is a

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time will be made by the captain or above in

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charge of the investigation.

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Q.

Thank you.

reasonable

Lieutenant,

have

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you,

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investigations of this nature where you have

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noticed the subject of an investigation or

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an interrogation?

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either conducted or supervised

A.

Have I

investigations?

Is

conducted 206-13
that what you're asking?

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Q.

Yes.

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A.

Yes ..

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Q.

As a matter of practice,

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policy followed in your experience?
MR.

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is this

SHAFFER:

Objection.

That's

beyond the scope of the notice.

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MR.

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LENOIR:

We are

talking

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after the policies and practices of the

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NYPD.

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about the practice.

I

have the policy.

MR.

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SHAFFER:

I

am asking

As i t pertains to

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sick leave investigations.

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to ask him more specific questions.
MR.

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LENOIR:

If you want

Investigations are

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governed by 206-13,

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specifically about 206-13

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investigations.
MR.

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SHAFFER:

and I

am speaking

Note my objection.

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If you want to ask the question again.

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Go ahead.

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A.

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Can you repeat the question

again?

Q.

In your experience in conducting

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and supervising 206-13 investigations,

is i t

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the actual practice to afford a

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officer time

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representation and things of that nature?

subject

to confer with counsel or union

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A.

Yes.

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Q.

Have you ever been involved,

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either as a

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supervisor or investigator,
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which you basically directed a

subject of a

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206-13 investigation forthwith

immediately?

Without counsel?

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A.

Meaning what?

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Q.

Without counsel?

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A.

No.

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Q.

An officer who is

found to have

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violated the sick leave policy,

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generally result in a

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that

command discipline or

specifications and charges?

A.

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does

No,

i t would be charges and

specifications.

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Is

Q.

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offense,

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then a

that due

if it's a

to

the nature of the

higher level of offense,

command discipline?
MR.

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17

A.

Objection.

Go

ahead.

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SHAFFER:

Charges and specifications is a

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higher level of offense.

The department has

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a

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deducted on the lower level command

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discipline,

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days or even eight days.

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that would have to be charges and

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specifications.

certain amount of time that could be

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which is usually upwards of five
Anything beyond

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Q.

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You mean five days or eight days

of unauthorized use of sick leave?
A.

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No,

in other words;

if

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command discipline is lower level discipline

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that a

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member to address routine -- things of the

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routine nature that happened,

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didn't sign out,

commanding officer can use against a

you

you didn't properly f i l l

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out a

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things of that nature,

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to a

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to be handled as charges and specifications.

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form,

you know,

you missed a

court appearance,

anything that rises

level of misconduct is normally going

Typically,

Q.

as a

general matter,

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the issues

that you investigate,

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your unit,

result in charges and

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specifications as opposed to command

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disciplines?

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A.

Yes.

you and

The unit doesn't prepare a

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lot of command disciplines.

The majority of

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the disciplinary actions is charges and

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specifications.
With regard to your unit's

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Q.

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taking on a

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the matter brought to your attention;

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case or investigation,

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how is
how do

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you get the assignment?

A.

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Could come a

number of ways.

It

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could come directly from internal affairs,

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which most of the cases come that way,

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internal affairs.

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calling in directly,

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somebody

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or i t could come from my own commanding

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Could come from a

from

command

could come anonymously,

just calling up or write a

letter

officer.

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Q.

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office;

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from the internal affairs or from the

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command or anonymous complaints?

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Is

there a

typical path to your

would you say that most cases come

A.

I

would say that i t ' s evenly

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split.

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misconduct and have other allegations come

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in through internal affairs.

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know,

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anonymous,

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name.

You have commands calling in some

you get a

Q.

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Then,

you

small number that are

where they refuse to leave their

What are you

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terms

of volume;

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2008,

2009

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number of cases that your unit would have

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again,

talking about in

through 2010,

we are

talking 2007,

just an approximate

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