Theft Can't Block Hiring of Bus Attendant, Judge Says
By Jason Grant
Published: 22.07.2016
Published: 22.07.2016
A Manhattan Supreme Court judge has ruled that a woman convicted of theft can be given security clearance to work as a city school bus attendant because there was not enough of a tie in between her criminal record and the job she would be performing.
In a 21-page opinion, Justice Peter Moulton decided that Jiana Boone, who pleaded guilty to misdemeanor larceny committed while working at a local Best Buy, should not be blocked from clearance.
Moulton reversed the city Department of Education and calling its decision to deny her the clearance “arbitrary and capricious.” Boone had argued the department’s decision violated Article 23-A of the New York State Correction Law, which mandates that employers in New York run through a checklist of balancing factors before deciding a job applicant with a criminal record can’t move forward.