DEP's Leader Slaps 30-Day Ban on Staffer

DEP's Leader Slaps 30-Day Ban on Staffer

Environmental Protection Commissioner Emily Lloyd imposed a suspension over and above an Office of Administrative Trials and Hearings judge's recommendation for a Staten Island-based employee who disobeyed an order to work overtime.

THOMAS KATTOU: Claims anti-union animus. Administrative Law Judge Joan R. Salzman suggested that Garret Mosley, a 17year veteran of the Department of Environmental Protection, be suspended for eight days without pay in a February ruling. Ms. Lloyd, however, exercised her final say on discipline and suspended Mr. Mosley for 30 days without pay.

Calls It Union-Busting

Thomas Kattou, the treasurer of District Council 37's Local 376, Mr. Mosley's union, expressed frustration over Ms. Lloyd's decision.

"She has no good reason for doing it," Mr. Kattou said in an April 11 phone interview. "They're just hell-bent on busting this union."

A spokesman for Ms. Lloyd did not return calls seeking comment.

Mr. Mosley was ordered to work overtime on the night of May 8, 2003 to repair a defective fire hydrant and hydrant gate valve on Rockland Ave. by supervisor Anthony Stingo, and was brought up on charges by Mr. Stingo after refusing.

At issue was whether or not the DEP acts in accordance with its own overtime regulations in determining who will work extra shifts. As Ms. Salzman interpreted the law, an order to work overtime is only binding in case of emergency.

Cleared of Key Charges

Mr. Salzman found Mr. Mosley guilty of insubordination, neglect of duty and walking off the job without permission during the May 2003 incident, as well as for his November 2002 refusal to work overtime.

Mr. Kattou said that Ms. Lloyd's failure to adhere to the judge's recommendation was ill-advised.

"An Administrative Law Judge is someone who commands respect - and here this political appointee overturns it," Local 376's leader said. "It's just not right."