Ashe v. Town Board of Crown Point

Respondent brought a disciplinary charge pursuant to Civil Service Law § 75 against petitioner based upon his alleged refusal to submit to a random drug test. A hearing officer was not appointed and, instead, the hearing was conducted in front of the members of respondent. At the hearing, the Town Supervisor was the primary person to present proof in support of the charge. After posthearing efforts to resolve the matter failed, respondent eventually determined by a divided vote that petitioner was guilty of misconduct and should be terminated from his employment. The Town Supervisor…