Employees terminated following their "double billing" for car expense
OATH Index Nos. 1125/12 & 1126/12
The New York City Department of Finance brought charges against a tax assessor and a supervisor. The Department alleged that the two workers, who were sisters, fraudulently double-billed the Department for travel expenses at times when they traveled together in the same car.
The two employees contended that their conduct was permitted by Department rules and that they were both entitled to receive reimbursements because they jointly owned two vehicles.
However, evidence showed they had repeatedly submitted false odometer readings and although the Department did not have a specific rule against sharing cars and double-billing, the sisters had been told they could not both submit an expense report when traveling together for “a car allowance.”
OATH Administrative Law Judge Kevin A. Casey found that fraud could be the basis of discipline without a specific rule, and the charges were sustained. ALJ Casey recommended termination of their employment. The appointing authority adopted the ALJ’s recommendation.
The decision is posted on the Internet athttp://archive.citylaw.org/oath/12_Cases/12-1125.pdf