Melvin Robinson Albert C. Wagner Youth Correctional Facility, CSC Docket No. 2018-86

BackgroundThe appeal of Melvin Robinson, Senior Correctional Police Officer, Albert C. Wagner Youth Correctional Facility, Department of Corrections, 120 working day suspension, on charges, was heard by Administrative Law Judge Mary Ann Bogan, who rendered her initial decision on March 8, 2019 reversing the 120 working day suspension. 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 initial decision, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting on April 17, 2019, accepted and adopted the Findings of Fact and Conclusion as contained in the attached Administrative Law Judge’s initial decision.

Since the penalty has been reversed, the appellant is entitled to 120 days of back pay, benefits, and seniority, pursuant to N.J.A.C. 4A:2-2.10. Further, since the appellant has prevailed, he is entitled to counsel fees pursuant to N.d/.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. Albert C. Wagner Youth Correctional Facility, Depariment of Corrections,, 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 that action and grants the appeal of Melvin Robinson. The Commission further orders that appellant be granted 120 days back pay, benefits, and seniority. The amount of back pay awarded is to be reduced and mitigated as provided for in N.d.A.C, 4A:2-2.10. Proof of income earned and an affidavit of mitigation 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.d.A.C. 4A: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.