Professional Documents
Culture Documents
Division 191
PO Box 2322 Church Street Station
New York, NY 10008
Usher Z. Piller
Glendon Griffith
Council Leader
Assistant Leader
Leah Cooper
Steward
Catherine Pormann
Treasurer
Brian Kiss
Cantave Paul
Steward
Steward
Victor Batorsky
(347) 631-1924
Secretary
Wendy Kidd-Vicars
Steward
Harvey Brody
Retirement Consultant
Andrew Del Re
Director of Research
Serena Fallon
Robin Matthews
Chief Steward
Executive Board
Alexander Shaporov
Steward
Thomas Hotz
Director of Public Affairs
Gem Warner
Jimmy Warney
Steward
Steward
Shortly thereafter, OMIG summoned Brody to an official interrogation and questioned him about
Medicaid data he had sent to Albany County Comptroller Michael Conners and also to his own home
computer. Brody explained that he was involved in self-starter investigations and that Management
was fully aware that this was all part of his official work assignment. On June 12, 2015, OMIG moved to
suspend Brody without pay and to seek his termination, claiming that he committed a crime by
allegedly violating the HIPAA Law.
The case was assigned to Arbitrator Ira B. Lobel who held three days of hearings on the matter. Brody
was represented by Sussman and OMIG was represented by Dionne A. Wheatley.
In a decision dated August 11, 2016, Lobel found the disciplinary notice to be untimely, dismissed all
charges against Brody and ordered him reinstated with full back pay with the disciplinary notice
dismissed in its entirety.
In scathing language, Lobel stated, When OMIG finally filed a Notice of Discipline in June 2015, it was
not because new information was uncovered or the investigation was completed. An interrogation was
conducted in April, 2015; it is unclear what prompted the interrogation at that time. It is even more
unclear why it took two and a half years to initiate such interrogation. It appears OMIG decided it had to
do something and putting Brody back to work was not a reasonable course of actionit appears OMIG
simply placed Brody on leave and forgot about him. When it filed the NOD [Notice of Discipline], it was
over two and a half years after the initial suspension. This is simply too long a period to keep any
employee in an uncertain situation, with no knowledge of the charges against him. Even though Brody
was on a paid suspension, he had legitimate concerns regarding his status that an employer should be
obligated to address.
We estimate in total Brody will have received approximately $400 thousand in pay and benefits for the
period since October 19, 2012 --- simply for staying at his home in Amherst, New York.
Harvey Brody said: I am delighted the horror is finally over and I have been vindicated.
Albany County Comptroller Michael Conners congratulated Harvey Brody and praised him as a public
servant possessing exceptional competence and unimpeachable integrity.
Victor Batorsky of Rensselaer, Brodys former union council leader who attended the arbitration
hearings, stated: This decision clearly shows that OMIG Management engaged in a most abusive
process and the unions need stronger protections against such reprehensible behavior. [Medicaid
Inspector General] Rosen places OMIG at risk for huge liabilities in the future.
Usher Piller, council leader for PEF Division 191, said: The fact that Rosen not only condoned this
behavior but actually directed the unconscionable persecution of an upstanding civil servant who simply
blew the whistle on OMIG malfeasance renders him unworthy of continuing as the titular head of the
OMIG agency. He has proven to be anathema of the progressive agenda espoused by the Cuomo
administration.
Both Batorsky and Piller are demanding Rosens resignation.
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Harvey Brody
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