Carmen Sexton, CSC Docket No. 2017-4081

BackgroundThe appeal of Carmen Sexton, Correctional Police Sergeant, New Jersey State Prison, Department of Corrections, 120 working day suspension and demotion, on charges, was before Administrative Law Judge Tricia M. Caliguire (ALJ), who rendered her initial decision dismissing the matter as moot on October 28, 2025. No exceptions were filed.

AnalysisHaving considered the record and the ALJ’s initial decision, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting on November 26, 2025, affirmed the ALJ’s determination to dismiss the appeal. However, the Commission did not dismiss the matter as moot. Rather, the Commission dismissed the matter for the appellant’s lack of pursuit.

Administrative Law JudgeIn her initial decision, the ALJ dismissed the matter as moot. Initially, she indicated that, based on the motion filed by the appointing authority, she sent notice to the appellant for response. After receiving no response, regarding the merits of the appointing authority’s motion, the ALJ found:

When this matter was filed, in 2017, appellant was an active member of the New Jersey State Prison workforce. As of April 16, 2025, she has been removed from her position on a permanent basis, making this matter – an appeal of a 120-days suspension – moot. Even if I were to find insufficient the allegations supporting respondent’s decision to suspend Sexton, there is no relief that I can grant, as she is no longer employed by respondent.

Based on the foregoing, I CONCLUDE that Sexton’s appeal should be dismissed with prejudice because the issues raised by that appeal are now moot.

AnalysisWhile the Commission agrees this matter should be dismissed, it disagrees that it is moot. In this regard, notwithstanding that the appellant is no longer employed with the appointing authority, if the underlying suspension and demotion were reversed or modified, she would be entitled to, inter alia, back pay. However, given the record indicates that the appellant did not respond to the notice on the motion, the ALJ ascertained no attempt from the appellant to continue to pursue the matter, and the appellant did not file exceptions to the initial decision, the Commission finds that this matter should be dismissed with prejudice for failure to pursue.

ORDER

The Civil Service Commission finds that the action of the appointing authority in suspending and demoting the appellant was justified. The Commission therefore upholds those actions and dismisses the appeal of Carmen Sexton with prejudice.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.