Michael Johnson, CSC Docket No. 2020-1749

BackgroundThe appeal of Michael Johnson, Police Officer, Elmwood Park, Police Department, of his removal, effective December 19, 2019, on charges, was heard by Administrative Law Judge Thomas R. Betancourt (ALJ), who rendered his initial decision on March 15, 2022. 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 ALJ’s initial decision, and having made an independent evaluation of the record, including a thorough review of the exceptions and reply, the Civil Service Commission (Commission), at its meeting of April 27, 2022, accepted and adopted the Findings of Fact and Conclusion as contained in the attached ALJ’s initial decision.

As indicated above, the Commission thoroughly reviewed the exceptions filed by the appellant and, based on the thorough, comprehensive and well-reasoned findings of the ALJ, finds them unpersuasive and not requiring extensive comment.! The Commission makes only the following comments. The ALJ's initial decision was predominately based on his assessment of the credibility of the witnesses. In this regard, 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./. 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.J. 644 (1999) (quoting 1 Much of the exceptions seek to have the Commission overturn the ALJ’s decision on procedural grounds. However, the Commission finds none of the appellant's procedural arguments persuasive.

State v. Locurto, 157 NJ. 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.dJ. Super. 527 (App. Div. 2004). In this matter, the exceptions filed by the appellant are not persuasive in demonstrating that the ALJ's credibility determinations, or his 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. Moreover, the Commission wholeheartedly agrees with the ALJ’s determination that the appellant’s egregious misconduct as a Police Officer was deserving of removal from employment.

ORDER

The Civil Service Commission finds that the action of the appointing authority in removing the appellant was justified. The Commission therefore affirms that action and dismisses the appeal of Michael Johnson.

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