ERIC CARD, CSC Docket No. 2020-1564
NJ Civil Service Commission decision of February 17, 2021, CSC Docket No. 2020-1564: discipline, penalty modified. Eric Card, Campus Police Officer, Kean University, 20 working day suspension on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee,
Commission decisions · Meeting of February 17, 2021
Eric Card, Campus Police Officer, Kean University, 20 working day suspension on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
- Matter
- Discipline
- Decided
- February 17, 2021, item A-3
- Outcome
- Penalty modified
- ALJ's recommendation
- Modify the 20 working day suspension to a 15 working day suspension.
- What the Commission did with it
- Adopted the ALJ's recommendation
- Penalty appealed
- 20 working day suspension
- Penalty after the decision
- 15 working day suspension
- Title
- CAMPUS POLICE OFFICER
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (A-003 CARD.pdf)
Action recorded in the minutes: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
Rules this decision applies
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.
ee
BackgroundThe appeal of Eric Card, Campus Police Officer, Kean University, 20 working day suspension, on charges, was heard by Administrative Law Judge Kimberly A. Moss, who rendered her initial decision on January 20, 2021. No exceptions were filed.
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, at its meeting on February 17, 2021, accepted and adopted the Findings of Fact and Conclusion as contained in the attached Administrative Law Judge’s initial decision to modify the 20 working day suspension to a 15 working day suspension.
Since the penalty has been modified, the appellant is entitled to five days of back pay, benefits, and seniority pursuant to N.J.A.C. 4A:2-2.10. However, the appellant is not entitled to counsel fees. Pursuant to N.J.A.C. 4A:2-2.12(a), the award of counsel fees is appropriate only where an employee has prevailed on all or substantially all of the primary issues in an appeal of a major disciplinary action. The primary issue in any disciplinary appeal is the merits of the charges, not whether the penalty imposed was appropriate. See Johnny Walcott v. City of Plainfield, 282 N.J. Super. 121, 128 (App. Div. 1995); James L. Smith v. Department of Personnel, Docket No. A-1489-02T2 (App. Div. March 18, 2004); In the Matter of Robert Dean (MSB, decided January 12, 1993); In the Matter of Ralph Cozzino (MSB, decided September 21, 1989). In the case at hand, although the penalty was modified by the Commission, charges were sustained and major discipline was imposed. Thus, the appellant has not prevailed on all or substantially all of the primary issues of the appeal. Consequently, as the appellant has failed to meet the standard set forth at N.J.A.C. 4A:2-2.12(a), counsel fees must be denied.
ORDER
The Civil Service Commission finds that the action of the appointing authority in disciplining the appellant was justified. The Commission therefore modifies the 20 working day suspension to a 15 working day suspension. The Commission further orders that appellant be granted five days of back pay, benefits, and seniority. The amount of back pay awarded is to be reduced and mitigated as set forth in N.J.A.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.
Counsel fees are denied pursuant to N.J.A.C. 4A:2-2.12.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
Decisions this one cites
- Johnny Walcott v. City of Plainfield 282 N.J. Super. 121, 128
- James L. Smith v. Department of Personnel Docket No. A-1489-02T2 (March 18, 2004)
- In the Matter of Robert Dean (January 12, 1993)
- In the Matter of Ralph Cozzino (September 21, 1989)
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