Bernacine Barnes, CSC Docket No. 2018-675

BackgroundThe appeal of Bernacine Barnes, Senior Receptionist, Monmouth County, Department of Human Services, removal, effective August 17, 2017, on charges, was heard by Administrative Law Judge Tricia M. Caliguire (ALJ), who rendered her initial summary decision on August 15, 2025. Exceptions and replies were filed on behalf of the appointing authority and by the appellant.

AnalysisHaving considered the record and the ALJ’s initial decision, and having made an independent evaluation of the record, including a thorough review of the exceptions and replies, most of which do not require extensive comment, the Civil Service Commission (Commission), at its meeting on September 24, 2025, adopted the ALJ’s Findings of Facts and Conclusions of Law and her recommendation to uphold the removal.

The Commission makes the following comments. The appointing authority argues in its exceptions that the ALJ should have procedurally dismissed this matter without analyzing the merits and/or applied collateral estoppel to summarily uphold the misconduct alleged. In support, it cites to Winters v. North Hudson Regional Fire and Rescue, 212 N.J. 67 (2012). In reply, the Commission agrees with the ALJ’s thorough and cogent legal analysis of this matter under Winters, supra. As such, it rejects the appointing authority’s arguments in that regard. Even assuming, arguendo, the sufficiency of the appointing authority’s arguments, the Commission agrees with the ALJ’s ultimate findings and conclusions on the merits of the charges, as well as the penalty imposed. Thus, in essence, the appointing authority’s arguments in that regard are moot.

The appellant’s exceptions make, inter alia, myriad claims of retaliatory and inappropriate conduct on the part of the appointing authority and its representatives, including allegations of withholding evidence. She also refers to information which was not part of the hearing record, which the Commission cannot consider. Regardless, in its de novo review, the Commission finds nothing in the ALJ’s initial decision suggesting that her substantive findings on the disciplinary charges proffered were arbitrary, capricious, unreasonable or otherwise based on anything other than the credible evidence in the record.

ORDER

The Civil Service Commission finds that the action of the appointing authority in removing the appellant was justified. The Commission therefore upholds that action and dismisses the appeal of Bernacine Barnes.

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