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I wasn't looking to prove there was an enforceable policy violation, that's not relevant to my response to someone's post about a lawsuit. The burden of proof is on the person filing a lawsuit.The opposite is also true, i.e. there's no evidence that he did violate a policy (he denies it), and you can't find anything that say he did. Even assuming that he moved some vacation days around, that wouldn't be a "story" that a political insider digs up through FOIL requests and then runs to the press about, that's just sleazy.
My post questioned a claim that there was a basis for a lawsuit, that Trotta "falsely accused" Harrison of a "violation" (not an accusation of a crime).
MOO but no attorney would recommend a lawsuit for someone saying you violated the use of sick leave/vacation pay, whether it just appeared that way (to Trotta) or in fact happened.
When suggesting that a lawsuit would have merit, it would be pretty critical to have proof that the claim of a policy violation was completely false, malicious, etc, even then there is no loss to Harrison.
From the article:
"Trotta is a former Suffolk County police detective, and has been outspoken against police corruption throughout his time in the legislature. He claimed Harrison took vacation days to watch his daughter play basketball, and later changed them to sick days.
Harrison has denied Trotta’s allegations, and said he did this after consulting with the county attorney."
Suffolk County DA Investigating Claims Police Commissioner Rodney Harrison Falsified Timesheets
Suffolk County District Attorney Ray Tierney is investigating allegations that Police Commissioner Rodney Harrison — who is set to resign this month — changed vacation days to sick days on previously filed timesheets.