Matter of Birch v. County of Madison

I respectfully dissent. We should annul the determination of respondent Board of Supervisors of *1328the County of Madison. “[W]here, as here, there is evidence indicating that the administrative decision maker may have prejudged the matter at issue, disqualification is required” (Matter of Botsford v Bertoni, 112 AD3d 1266, 1269 [2013]). Tina Wayland-Smith, an Assistant County Attorney, testified that she and others met with petitioner, prior to disciplinary charges being proffered, to offer her a separation from employment agreement. Referring to her talking points from that meeting,…