POUGHKEEPSIE – An argument between two employees of the Dutchess County Department of Community and Family Services has resulted in the termination of one of them after the other told her to “bite me,” and she did.
After the coworker said that, Alethea Owens approached the woman from behind and bit her on the arm, causing her pain and bruising.
Owens was charged with misconduct and/or incompetence. A hearing officer found she was guilty and recommended she be terminated. The county commissioner adopted the finding and ended her employment given the nature of the incident, her failure to appreciate the significance of her actions, her lack of remorse, and her failure to adhere to previous warnings to modify her behavior.
Owens subsequently filed an Article 78 proceeding challenging her firing maintaining she was merely joking and had not intended to hurt the coworker.
In Owens’ challenge, she maintained the determination finding her guilty of misconduct was not supported by substantial evidence as the evidence showed that she was making an inappropriate joke and did not intend to harm the coworker. She also argued that the punishment of termination was disproportionate to the offense due to her 19 years of service to the county without any formal disciplinary history.
Dutchess County State Supreme Court transferred the case to the Appellate Division because of substantial evidence review and the appeals court ruled that “there is substantial evidence in the record to support the determination that [Owens] was guilty of misconduct, as she admittedly bit her coworker with sufficient force to leave a mark on her arm.”
As a result, the appellate justices confirmed the county commissioner’s decision to terminate her employment.
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