Sean Tonner East Jersey State Prison, CSC Docket No. 2017-3792

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BackgroundThe appeal of Sean Tonner, Senior Investigator, Parole and Secured Facilities, East Jersey State Prison, Department of Corrections, 15 working day suspension and demotion to the position of Correctional Police Sergeant, effective May 17, 2017, on charges, was heard by Administrative Law Judge John P. Scollo, who rendered his initial decision on October 28, 2021 reversing the 15 working day suspension and demotion. Exceptions were filed on behalf of the appointing authority.

AnalysisHaving considered the record and the Administrative Law Judge's initial decision, and having made an independent evaluation of the record, the Civil Service Commission, at its meeting on December 1, 2021, accepted and adopted the Findings of Fact and Conclusion as contained in the attached Administrative Law Judge’s initial decision.

As the suspension and demotion have been reversed, pursuant to N.J.A.C. 4A:2-2.10, the appellant is entitled to 15 days of back pay and differential back pay from May 17, 2012, until his reinstatement as a Senior Investigator, Parole and Secured Facilities.! Additionally, as the charges have been reversed, he is also entitled to reasonable counsel fees pursuant to N.J.A.C. 4A:2-2.12. This decision resolves the merits of the dispute between the parties concerning the disciplinary

' [t is noted that the back pay awarded for the reversal of the suspension and the differential pay awarded for the reversal of the demotion are not subject to mitigation under N.J.A.C. 4A:2-2.10(d)4. In this regard, the 15 days of back pay for the demotion are only subject to income earned during that period pursuant to N.J.A.C. 4A:2-2,10(d)3. Further, the mitigation provisions in N.J.A.C. 2- 2.10(d) do not apply to demotions.

charges and the penalty imposed by the appointing authority. However, in light of the Appellate Division’s decision, Dolores Phillips v. Department of Corrections, unpublished, Docket No. A-5581-01T2F (App. Div. Feb. 26, 2003), the Commission’s decision will not become final until] any outstanding issues concerning counsel fees are finally resolved.

ORDER

The Civil Service Commission finds that the action of the appointing authority in suspending and demoting the appellant was not justified. The Commission therefore reverses those actions and grants the appeal of Sean Tonner. The Commission further orders that appellant be granted 15 days of back pay, benefits, and seniority, as well as differential back pay from May 17, 2017, until his reinstatement as a Senior Investigator, Parole and Secured Facilities.

The Commission further orders that counsel fees be awarded to the attorney for appellant pursuant to N.J.A.C. 4A:2-2.12. An affidavit of services in support of reasonable counsel fees shall be submitted by or on behalf of the appellant to the appointing authority within 30 days of issuance of this decision. Pursuant to N.J.A.C. 4A:2-2.12, the parties shall make a good faith effort to resolve any dispute as to the amount counsel fees.

The parties must inform the Commission, in writing, if there is any dispute as to counsel fees within 60 days of issuance of this decision. In the absence of such notice, the Commission will assume that all outstanding issues have been amicably resolved by the parties and this decision shall become a final administrative determination pursuant to R. 2:2-3(a)(2). After such time, any further review of this matter shall be pursued in the Superior Court of New Jersey, Appellate Division.