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In re Massi12/22/2004
s Disorder ("PTSD"). Apparently, Dr. Kaitz attributed the PTSD to petitioner's on the job stress. Petitioner asserts that Dr. Kaitz's written diagnosis was forwarded to respondents, but respondents deny that they received a written diagnosis from Dr. Kaitz.
On May 5, 2004 and again on May 19, 2004, petitioner attended his rescheduled Fitness for Duty medical evaluations, and the results of the evaluations are set forth in respondents' doctors (Dr. Klahr and Dr. Dubro) reports. Dr. Dubro "gave [petitioner] a diagnostic impression of adjustment disorder with depressed and anxious mood." (See Verified Answer, Exhibit G at 6). Dr. Klahr provided a diagnostic impression of "Adjustment disorder with mixed emotional features." (Id.). In the report, Dr. Klahr opined that while Mr. Massi was not a danger to himself or others, he "is not psychiatrically fit to perform full police duties or carry a weapon." (Id.). Dr. Klahr nevertheless expressed his view that he thought petitioner could "perform light duties, and this may be beneficial for him." (Id.; emphasis added).
Apparently, on or about May 25, 2004, petitioner was ordered to attend the April 16th meeting with Chief Flynn now rescheduled for June 2, 2004. Petitioner's doctor, Dr. Kaitz, however, responded by letter dated May 26, 2004 (which was sent via facsimile transmission), wherein Dr. Kaitz advised respondents that "Guy Massi is medically ill and he is not fit to participate in an interview. It is hard to determine when and if he would be fit." (Verified Petition, Exhibit C). Thereafter on May 28, 2004, despite Dr. Kaitz's letter detailing why petitioner would not be attending the interview on June 2, 2004, Chief Flynn issued two written orders to petitioner, one which required that he return to work for light duty assignment starting on June 7, 2004, and one which required that he attend the interview with Chief Flynn on June 2, 2004. (Verified Petition, Exhibit D). In both orders, Chief Flynn stated that " ollowing consultation with the Police Department's medical consultant, the Department has determined that" Sgt. Massi was able to appear for the interview and was fit to perform the light duty assignment. (Id.). Dr. Kaitz responded to Chief Flynn's orders by letter dated June 1, 2004. In that letter, Dr. Kaitz again explained that based on his diagnosis, petitioner was unable to participate in any work-related activities because of his illness.
It appears that because of his ASD, petitioner did not appear for the interview on June 2, 2004 (although his lawyer did attend the interview), nor did petitioner report for his light duty assignment on June 7, 2004. On June 14, 2004, Chief Flynn imposed a disciplinary suspension against petitioner and also issued a Notice of Discipline, which preferred disciplinary charges against him. According to Chief Flynn, the suspension and Notice of Discipline was based on petitioner's "outrageous" conduct in failing to attend the June 2, 2004 interview, and in failing to report for his light duty assignment on June 7, 2004. (See Affidavit of Chief of Police Edward E. Flynn, sworn to August 3, 2004 ("Flynn Aff.") at 18-21). In a letter dated June 21, 2004, petitioner formally denied the charges, demanded that the suspension be lifted and that he be restored to active duty status (paid and on sick leave), and also demanded a hearing pursuant to Unconsolidated Laws § 5711-q. It appears that since the filing of this petition, petitioner remains suspended without pay, and that the trial on petitioner's disciplinary charges has not yet occurred.
During this same time period early June, 2004 petitioner began the formal process of applying for GML § 207-c benefits. GML § 207-c requires muni
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