Abstract

http://ssrn.com/abstract=1636418
 


 



Recent Decisions


Katheryn D. Katz


Albany Law School

1969

Albany Law Review, Vol. 33, p. 642, 1969

Abstract:     
This article is an examination of the Gardner v. Broderick and Uniformed Sanitation Men Assoc. v. Commissioner of Sanitation of the City of New York decisions from the U.S. Supreme Court. The Gardner case involved a New York City police officer appearing before a grand jury investigating alleged criminal conduct among police officers. The testifying officer refused to sign a waiver of immunity from prosecution. He was dismissed from employment following an administrative hearing. The New York courts upheld the dismissal, but it was finally overturned by the U.S. Supreme Court.

The Uniformed Sanitation men case involved fifteen employees from the department of sanitation, twelve of whom refused to testify in an investigation for alleged misconduct and were fired. The remaining three answered the questions without asserting the privilege, and received suspensions. At a grand jury, the three refused to sign waivers of immunity and were fired. Again, the Supreme Court reversed the decision.

Its rational was that public employees may not be compelled to choose between waiving a constitutional privilege and losing their jobs. They are subject to dismissal, however, if they refuse to answer questions relating directly to the performance of their public duties, so long as they have not been required to relinquish constitutional rights.

This article provides the background for the rationale use by the Supreme Court and delves into the issues that were presented in the cases.

Number of Pages in PDF File: 8

Accepted Paper Series





Download This Paper

Date posted: July 10, 2010  

Suggested Citation

Katz, Katheryn D., Recent Decisions (1969). Albany Law Review, Vol. 33, p. 642, 1969. Available at SSRN: http://ssrn.com/abstract=1636418

Contact Information

Katheryn D. Katz (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States
Feedback to SSRN


Paper statistics
Abstract Views: 114
Downloads: 7

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.313 seconds