Robert Nguetsop, CSC Docket No. 2020-1741, 2021-85

BackgroundThe appeals of Robert Nguetsop, Electrical Mechanic, Department of Transportation, 15 and 30 working day suspensions, were heard by Administrative Law Judge Joan M. Burke (ALJ), who rendered her initial decision on January 13, 2023. Exceptions were filed on behalf of the appointing authority.

AnalysisHaving considered the record and the ALJ’s initial decision, including a thorough review of the exceptions, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting of February 22, 2023, accepted and adopted the Findings of Fact and Conclusion as contained in the attached ALJ’s initial decision and her recommendation to reverse the suspensions.

The Commission makes the following comments. As indicated above, the Commission thoroughly reviewed the exceptions filed by the appointing authority in this matter. In that regard, the Commission finds them unpersuasive as the ALJ’s findings and conclusions in reversing the charges were based on her thorough and comprehensive assessment of the record and are not arbitrary, capricious or unreasonable. The ALJ’s determinations were based predominantly on her assessment of the credibility of the witnesses. Upon its de novo review of the record, the Commission acknowledges that the ALJ, who has the benefit of hearing and seeing the witnesses, is generally in a better position to determine the credibility and veracity of the witnesses. See Matter of J.W.D., 149 N.J. 108 (1997). “[T]rial courts’ credibility findings . . . are often influenced by matters such as observations of the character and demeanor of the witnesses and common human experience that are not transmitted by the record.” See also, In re Taylor, 158 N.d. 644 (1999) (quoting State v. Locurto, 157 N.dJ. 463, 474 (1999)). Additionally, such credibility findings need not be explicitly enunciated if the record as a whole makes the findings clear. Id. at 659 (citing Locurto, supra). The Commission appropriately gives due deference to such determinations. However, in its de novo review of the record, the Commission has the authority to reverse or modify an ALJ’s decision if it is not supported by sufficient credible evidence or was otherwise arbitrary. See N.J.S.A. 52:14B-10(c); Cavalieri u. Public Employees Retirement System, 368 N.d. Super. 527 (App. Div. 2004). In this matter, the exceptions filed by the appointing authority are not persuasive in demonstrating that the ALJ’s credibility determinations, or her findings and conclusions based on those determinations, were arbitrary, capricious or unreasonable. As such, the Commission has no reason to question those determinations or the findings and conclusions made therefrom. Accordingly, since the suspensions have been reversed, the appellant is entitled 45 working days of back pay, benefits, and seniority pursuant to N.J.A.C. 4A:2-2.10(d)3.

ORDER

The Civil Service Commission finds that the actions of the appointing authority in suspending the appellant were not justified. The Commission therefore reverses those actions and grants the appeals of Robert Nguetsop. The Commission further orders that the appellant be granted 45 working days of back pay, benefits and seniority. The amount of back pay awarded is to be reduced as provided for in N.J.A.C. 4A:2-2.10(d)3. 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.

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