Kevin Newsom, CSC Docket No. 2015-2238

BackgroundThe appeal of Kevin Newsom, a former Correctional Police Sergeant with New Jersey State Prison, Department of Corrections, of his removal, effective December 30, 2014, on charges, was before Administrative Law Judge Joseph A. Ascione (ALJ), who rendered his initial decision on August 22, 2024. No exceptions were filed.

AnalysisHaving considered the record and the attached initial decisions, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting on September 25, 2024, accepted the Findings of Fact and the Conclusions therein and the recommendation of the ALJ to uphold the appellant's removal.

DISCUSSION

The long, tortured history of this matter is as follows. The appellant was removed, effective December 13, 2014, on charges of conduct unbecoming a public employee, other sufficient cause, and violation of departmental policies. Specifically, the appointing authority asserted that the appellant knowingly caused serious bodily injury by using excessive force in striking an inmate in the head several times with a metal baton while handcuffed, shackled, and offering no resistance. Upon the appellant’s appeal, the matter was transmitted to the Office of Administrative Law (OAL) for a hearing.

Administrative Law JudgeThe ALJ originally rendered an initial decision on February 24, 2016, upholding the appellant’s removal. However, due to the lack of quorum and consent from all parties to extend the time, the Commission was unable to act on the matter within the allotted time for determination. Therefore, the ALJ’s original initial decision was deemed adopted as the Commission’s final decision. See In the Matter of Kevin Newsom (CSC, deemed adopted April 25, 2016). The appellant did not request reconsideration of the decision or pursue an appeal to the Superior Court of New Jersey, Appellate Division (Appellate Division).

AnalysisHowever, in a letter dated January 9, 2018, the appellant requested that the matter be reopened due to a videotaped statement of the inmate which he claimed exonerated him of the disciplinary charges. The request was denied as an untimely petition for reconsideration. The appellant then appealed this determination to the Appellate Division, which reasoned that the 45-day time period to request reconsideration of a decision was not applicable. Accordingly, the court remanded the matter for the Commission to consider the appellant’s request. See In the Matter of Kevin Newsom, Docket No. A-3194-17T1 (App. Div. July 30, 2019). The matter was then remanded to the OAL for further proceedings.