Decision made without regard to the facts = arbitrary and capricious

From Harvey Randall's New York Public Personnel Law blog, "Retirement Board’s failure to make an independent evaluation of an individual’s application for disability retirement fatal to the process":

The primary issue to resolve: was the determination by the Board of Trustees of the New York City Employees' Retirement System denying Schlesinger, a former Corrections Officer, an "accident disability retirement" pension based on a meeting of the Board of Trustees where there was no recorded vote on this request. ...

Although, said the court, it is well-settled that courts may not substitute their own judgment for that of administrative bodies, courts must insist that administrative bodies do, in fact, exercise their discretion.

Here, said the court, by relying, without discussion of the Medical Board's opinion concerning Schlesinger claimed disability, “the Board of Trustees abdicated its responsibility instead of exercising it. This failure to independently consider [Schlesinger's] application meant that the decision [was] made without regard to the facts and is, therefore, arbitrary and capricious.”

Where, as here, an applicant is found disabled, the Board of Trustees is required to make an independent evaluation of causation.

EMM