Brian Harkins North Wildwood, CSC Docket No. 2018-1841, 2018-1876

BackgroundThe appeals of Brian Harkins, Police Sergeant, North Wildwood, Police Department, of his 10 and 20 working day suspensions, on charges, were heard by Administrative Law Judge Jeffrey R. Wilson, who rendered his initial decision on April 9, 2019 reversing the 10 and 20 working day suspensions. 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 (Commission), at its meeting on May 9, 2019, accepted and adopted the Findings of Fact and Conclusion as contained in the attached Administrative Law Judge’s initial decision.

Since the penalties have been reversed, the appellant is entitled to 30 days of back pay, benefits, and seniority, pursuant to N.vA.C. 4A:2-2.10. Further, since the appellant has prevailed, he is entitled to 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 charges and the penalty imposed by the appointing authority. However, in light of the Appellate Division’s decision, Dolores Phillips v. North Wildwood, Police Depariment,, Docket No. A-5581-01T2F (App. Div. Feb. 26, 2003), the Commission’s decision will not become final until any outstanding issues concerning back pay or counsel fees are finally resolved.

ORDER

The Civil Service Commission finds that the action of the appointing authority in suspending the appellant was not justified. The Commission therefore reverses those actions and grants the appeals of Brian Harkins. The Commission further orders that appellant be granted 30 days back pay, benefits, and seniority. The amount of back pay awarded is to be reduced and mitigated as provided for in N.JA.C. 4A:2-2.10. Proof of income earned shall be submitted by or on behalf of the appellant to the appointing authority within 30 days of issuance of this decision.

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. 44:2-2.10 and N.J.A.C, 4A:2.12, the parties shall make a good faith effort to resolve any dispute as to the amount of back pay or counsel fees.

The parties must inform the Commission, in writing, if there is any dispute as to back pay or 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.