Sarena Townsend's Guide for NYC Correction Officers Facing OATH Disciplinary Hearings
As a New York City Correction Officer, you work in one of the most demanding and dangerous environments in law enforcement. You maintain order, enforce rules, and put your safety on the line every single day. But what happens when the system you uphold turns its investigative eye on you? Receiving a Notice of Disciplinary Action from the Department of Correction (DOC) can be a disorienting and terrifying experience. In an instant, your career, your pension, your reputation, and your family's future are all thrown into jeopardy.
You are about to enter a complex administrative system where the agency bringing the charges holds a significant advantage. They know the rules, they know the procedures, and they have a single goal: to prove their case against you. To protect your career, you need a defender who knows their playbook even better than they do.
My name is Sarena Townsend. Before I founded Townsend Law LLC to defend New York's civil servants, I was the Deputy Commissioner of the Intelligence, Investigation & Trials Division at the NYC Department of Correction. I, Sarena Townsend, was responsible for overseeing the internal affairs and staff discipline units on Rikers Island. I managed thousands of investigations and dozens of trials at the very forum you are now facing: the Office of Administrative Trials & Hearings (OATH). I am the only attorney in New York City who has both led the disciplinary division at DOC and now defends DOC employees in that same forum. Sarena Townsend doesn't just know the Department's playbook—she helped write it.
This in-depth guide from Sarena Townsend is designed to give you the knowledge and strategic insight you need to navigate this challenge. It will break down the charges, the OATH process, your fundamental rights, and the keys to building a powerful defense. Your career is on the line; it's time to fight back with the insider's advantage that only Sarena Townsend provides.
1. The Charges Have Been Filed – What Sarena Townsend Says Happens Now
The moment you are served with disciplinary papers is the moment the fight for your career begins. Sarena Townsend advises that understanding the documents you've received and the rules that govern them is the first critical step.
Deconstructing the Notice of Disciplinary Action
The formal document you receive, often called the "Charges and Specifications," is not just a notice; it's a legal pleading. It outlines the specific allegations the Department has leveled against you.
The Legal Foundation: New York Civil Service Law Section 75
For most permanent civil service employees, any disciplinary action is governed by Section 75 of the New York Civil Service Law. This law establishes that you cannot be disciplined or removed from your position except for proven "incompetency or misconduct" shown after a formal hearing. This is the bedrock of your due process rights.
Common Allegations Against DOC Officers
While charges can vary, Sarena Townsend sees them often fall into several common categories for Correction Officers, including:
· Excessive use of force
· Insubordination or neglect of duty
· Time and leave violations
· Conduct unbecoming an officer
· Violation of Departmental rules and directives
· Off-duty misconduct, which can include actions like assault or theft
The Critical 18-Month Deadline (And Sarena Townsend's Warning on the Exception)
The Department generally has a statute of limitations of eighteen (18) months from the date of an alleged incident to serve you with disciplinary charges. However, Sarena Townsend warns of a crucial exception: if the alleged misconduct would also constitute a crime, the 18-month rule does not apply, giving the Department a much longer window to bring its case.
2. The OATH Tribunal – Sarena Townsend on Navigating the Administrative Court
Your case will not be heard in a typical criminal or civil courtroom. It will be adjudicated at the NYC Office of Administrative Trials and Hearings (OATH), the City's central, independent administrative law court. Understanding this unique forum is essential, and Sarena Townsend is the expert guide you need.
What is OATH?
Established to provide a neutral venue, OATH's Trials Division adjudicates disputes for all city agencies, including employee discipline cases. It is designed to be an impartial forum, separate from the agency that brought the case.
The Key Player: The Administrative Law Judge (ALJ)
An Administrative Law Judge (ALJ) will preside over your case. This judge is an impartial arbiter who hears evidence, rules on motions, and ultimately makes a recommendation based on the facts and law presented.
The Lower Hurdle: Sarena Townsend Explains "Preponderance of the Evidence"
This is one of the most critical differences between an OATH hearing and a criminal trial. In criminal court, the prosecution must prove guilt "beyond a reasonable doubt." At OATH, the Department's burden of proof is far lower; they only need to prove the charges by a "preponderance of the evidence". Sarena Townsend explains this means the ALJ only has to be convinced that it is
more likely than not that you committed the misconduct. This lower standard makes it significantly easier for the Department to win and underscores the need for a meticulously prepared defense.
3. The OATH Hearing Process, Step-by-Step with Sarena Townsend
While less formal than a state court trial, an OATH hearing follows a structured legal process. With Sarena Townsend's guidance, you can prepare for what's ahead.
The Pre-Trial Conference: The First Opportunity to Fight
Before a full trial, your case will be scheduled for a pre-trial conference. An ALJ will meet with your attorney and the DOC's attorney to discuss the case. The goal is often to see if a settlement can be reached. The ALJ will offer their perspective on the strengths and weaknesses of each side's case to facilitate negotiations, but their opinion is not binding.
The Hearing: A Trial in Everything But Name
If no settlement is reached, a formal hearing is scheduled. This process mirrors a trial and includes :
· Opening Statements: Each side presents an overview of their case.
· Presentation of Evidence: The DOC presents its case first, followed by your defense.
· Witness Testimony and Cross-Examination: Both sides can call witnesses and must subject them to cross-examination by the opposing counsel.
· Closing Arguments: Each side summarizes their evidence and argues why the ALJ should rule in their favor.
Evidence in OATH Hearings: What Sarena Townsend Wants You to Expect
OATH proceedings have more relaxed rules of evidence than state courts; however, the rules are still guided by principles of fairness and due process. Relevant and reliable evidence is admissible, while irrelevant or unreliable evidence will be excluded. Evidence often includes official reports, photographs, video footage, and witness testimony. Your attorney, guided by Sarena Townsend's strategic approach, has the right to engage in pre-trial discovery to obtain the evidence the Department plans to use against you.
4. Your Rights and Protections Under the Law
As a tenured civil servant, you are not powerless. Sarena Townsend emphasizes that Civil Service Law § 75 provides you with crucial due process rights throughout this fight.
Your Fundamental Due Process Rights
These rights are guaranteed and form the foundation of your defense:
· The Right to Written Charges: You must be served with a detailed, written account of the specific allegations.
· The Right to Representation: You have the absolute right to be represented by an attorney at every stage.
· The Right to Respond: You have eight days to provide a written response, though doing so without legal counsel is often strategically unwise.
· The Right to Summon Witnesses: You can compel witnesses to testify on your behalf to support your case.
The 30-Day Suspension Rule (And the DOC Exception Sarena Townsend Knows Well)
Generally, an employee can only be suspended without pay for up to 30 days while charges are pending. However, under the NYC Administrative Code,
New York City Correction Officers can be suspended indefinitely pending the outcome of their hearing, a fact Sarena Townsend knows makes a swift and aggressive defense even more critical.
The "Whistleblower" Defense (Civil Service Law § 75-b)
If you can prove that the disciplinary action is being taken in retaliation for you reporting a violation of a law, rule, or regulation, Section 75-b provides a powerful affirmative defense.
5. Building a Winning Defense Strategy with Sarena Townsend
A successful defense is proactive, not reactive. It begins the moment you are served and requires strategic action. The single most important first step is to secure experienced legal representation from an attorney like Sarena Townsend. Do not speak to anyone from the Department, investigators, or even colleagues about the charges without your attorney present. Any statement you make can be used against you.
Union Representative vs. Private Attorney: A Critical Choice Sarena Townsend Can Explain
While your union representative can be a helpful resource, only a private attorney like Sarena Townsend has the legal training and ethical obligation to act solely in your best interest. A private attorney's only job is to defend you, leveraging every legal tool and strategic advantage to protect your rights and career. This is especially crucial in a complex legal forum like OATH.
Key Defensive Actions from the Sarena Townsend Playbook
A robust defense, like the one Sarena Townsend builds at Townsend Law, involves several key pillars:
1. Meticulous Case Review: Sarena Townsend will scrutinize every piece of the Department's evidence, looking for procedural errors, inconsistencies in witness statements, and violations of your rights.
2. Independent Evidence Gathering: We don't just react to the DOC's case; we build our own. This includes gathering exculpatory evidence like activity logs, video footage, and identifying witnesses who can support your account.
3. Strategic Reporting Guidance: How you write your initial reports after an incident is critical. The DOC will dissect these documents for any perceived false or misleading statements. An attorney with Sarena Townsend's insider knowledge can provide guidance on how to be truthful and accurate without inadvertently damaging your own case.
4. Mastering Cross-Examination: Often, the Department's case rests on the testimony of its witnesses. An attorney skilled in aggressive cross-examination can expose biases, challenge credibility, and dismantle their narrative. This is where Sarena Townsend's decade of experience as a prosecutor becomes your greatest advantage; she knows how to take apart a witness's testimony because she was trained to build it.
6. The Aftermath: Sarena Townsend on Potential Outcomes and Your Right to Appeal
If the ALJ finds you guilty, the penalties can be severe and career-ending.
Potential Penalties: What's at Stake
Depending on the offense, the penalties can range from :
· A formal reprimand
· A fine of up to $100
· Suspension without pay for up to two months
· Demotion in grade and title
· Termination of your employment
The ALJ's "Report and Recommendation"
Sarena Townsend explains that it is vital to understand that the ALJ's decision is not the final word. It is a "Report and Recommendation" that is sent to the DOC Commissioner. The Commissioner makes the final determination and has the power to accept, reject, or modify the ALJ's recommendation.
The Two Paths of Appeal: CSC vs. Article 78
If you receive an unfavorable final decision, you still have the right to appeal. You have two potential avenues, but you can generally only choose one:
1. NYC Civil Service Commission (CSC): An appeal to the CSC must be filed within 20 days of the final agency decision. The CSC reviews the record of the hearing and can affirm, reverse, or modify the penalty.
2. Article 78 Proceeding: This is a lawsuit filed in New York State Supreme Court to challenge an agency's decision. You generally have four months (120 days) from the final decision to file an Article 78 proceeding. The court will review whether the decision was lawful, rational, and supported by the evidence.
7. Frequently Asked Questions (FAQ) for NYC Correction Officers Answered by Sarena Townsend
· Can I be disciplined for off-duty conduct? Sarena Townsend's Answer: Yes. The courts have held that an employee can be charged with off-duty misconduct, especially if it is deemed to bring the Department into disrepute.
· What if the criminal charges against me were dismissed? Does that mean the OATH charges are dropped? Sarena Townsend's Answer: No. The disciplinary charges are not automatically dismissed. Because the burden of proof at OATH ("preponderance of the evidence") is much lower than in criminal court ("beyond a reasonable doubt"), the Department can still proceed with its case and win, even after a criminal acquittal.
· Do I have to submit a written response to the charges? Sarena Townsend's Answer: You have the right to respond in writing within eight days, but you are not required to do so. It is often strategically best to not submit a response until you have consulted with an attorney like me.
· Can I represent myself at my OATH hearing? Sarena Townsend's Answer: While you are permitted to represent yourself, it is strongly discouraged. OATH is a formal legal proceeding, and the Department will be represented by a trained attorney. Facing them alone puts you at a severe disadvantage.
Why Choose Sarena Townsend? The Unbeatable Insider's Advantage.
When you are fighting for your career against the NYC Department of Correction, you need more than just a defense attorney. You need a warrior who has been on the other side. You need a strategist who knows the internal pressures, the investigative tactics, and the prosecutorial strategies the Department will use against you because Sarena Townsend used to command them.
Sarena Townsend's clients don't just get a defense; they get an unparalleled tactical advantage. I have supervised the investigators, trained the prosecutors, and managed the very disciplinary system that now threatens your livelihood. The firm's motto is "You need a shark," and that aggression is built on a foundation of unmatched, insider knowledge that only Sarena Townsend possesses.
If you are a NYC Correction Officer who has been served with disciplinary charges, do not wait. Every day that passes is a day the Department is building its case. Your career, your pension, and your name are too important to leave to chance.
Contact Sarena Townsend at Townsend Law LLC today for a confidential consultation.
Townsend Law LLC 287 Park Avenue South, Suite 533 New York, NY 10010 646-941-4997