David Arguello re EE AGUS, CSC Docket No. 2020-1573, 2020-1574
NJ Civil Service Commission decision of January 20, 2021, CSC Docket No. 2020-1573: discipline, penalty upheld. David Arguello, County Correctional Police Officer, Hudson County, Department of Corrections, two removals effective September 12, 2018 on charges of insubordination, inability to perform
Commission decisions · Meeting of January 20, 2021
David Arguello, County Correctional Police Officer, Hudson County, Department of Corrections, two removals effective September 12, 2018 on charges of insubordination, inability to perform duties, conduct unbecoming a public employee, neglect of duty and other sufficient cause.
- Matter
- Discipline
- Decided
- January 20, 2021, item A-2
- Outcome
- Penalty upheld
- ALJ's recommendation
- Uphold the removal regarding the drug test and modify the removal regarding the municipal court conviction to a six-month suspension.
- What the Commission did with it
- Adopted the ALJ's recommendation
- Penalty after the decision
- removal
- Title
- COUNTY CORRECTIONAL POLICE OFFICER
- Employer
- Hudson County
- Chair at the time
- Deirdre L. Webster Cobb, Chairperson
- Official decision
- Published by CSC in its monthly archive bundle (A-002 1-20-21.pdf)
Action recorded in the minutes: The Civil Service Commission affirmed the recommendations 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.
BackgroundThe appeals of David Arguello, County Correctional Police Officer, Hudson County, Department of Corrections, two removals effective September 12, 2018, on charges, were heard by Administrative Law Judge Gail M. Cookson, who rendered her initial decision on December 4, 2020. Exceptions were filed on behalf of the appellant and a reply to exceptions was 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, at its meeting on January 20, 2021, accepted and adopted the Findings of Fact and Conclusion as contained in the attached Administrative Law Judge’s initia] decision to uphold the removal regarding the drug test and modify the removal regarding the municipal court conviction to a six-month suspension.
ORDER
The Civil Service Commission finds that the actions of the appointing authority regarding the removal pursuant to the drug test was justified. The Commission therefore affirms that action. Additionally, the Civil Service Commission finds that the removal regarding the municipal court conviction should be modified to a six-month suspension. No back pay is due as the appellant's removal regarding the drug test, effective the same day, has been upheld. 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.
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