D.M. Ann Klein Forensic Center, CSC Docket No. 2018-3796
NJ Civil Service Commission decision of July 31, 2019, CSC Docket No. 2018-3796: discipline, penalty upheld. D.M., Senior Medical Security Officer, Ann Klein Forensic Center, Department of Health, removal effective March 5, 2018, on charges of conduct unbecoming a public employee and physical or men
Commission decisions · Meeting of July 31, 2019
D.M., Senior Medical Security Officer, Ann Klein Forensic Center, Department of Health, removal effective March 5, 2018, on charges of conduct unbecoming a public employee and physical or mental abuse of a patient.
- Matter
- Discipline
- Decided
- July 31, 2019, item A-4
- Outcome
- Penalty upheld
- ALJ's recommendation
- Reverse the removal.
- What the Commission did with it
- Rejected the ALJ's recommendation
- Penalty appealed
- removal
- Employer
- Health and Senior Services
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (A-004 7-31-19.pdf)
Action recorded in the minutes: The Civil Service Commission rejected the recommendation of the Administrative Law Judge and upheld the removal.
The decision
CSC published this decision as a scanned image. The text below was recognized by OCR, read twice and checked against the meeting minutes, but OCR can misread a word. The official document is the record.
BackgroundThe appeal of D.M., Human Services Assistant, Ann Klein Forensic Center, Department of Health, removal effective March 5, 2018, on charges, was heard by Administrative Law Judge Tama B. Hughes, who rendered her initial decision on March 21, 2019. Exceptions were filed on behalf of the appointing authority and a reply to exceptions was filed on behalf of the appellant.
AnalysisHaving considered the record and the Administrative Law Judge’s (ALJ) initial decision including the finding of abuse sustained by the Office of Program Integrity and Accountability in this joint case. and having made an independent evaluation of the record, the Commission, at its meeting of July 31. 2019, rejected the recommendation to reverse the removal as contained in the attached Administrative Law Judge’s initial decision. Rather, the Commission upheld the removal.
ORDER
The Civil Service Commission rejections the ALJ's recommendation to reverse the removal. Rather the Commission, pursuant to the Office of Program Integrity and Accountability, finds that the action of the appointing authority in removing the appellant was justified. The Commission therefore affirms that action and dismisses the appeal of D.M.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
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