KEITH AIELLO, CSC Docket No. 2020-2434

BackgroundThe appeal of Keith Aiello, Police Chief, Independence Township, Department of Public Safety, 45 working day suspension, on charges, was heard by Administrative Law Judge Ernest M. Bongiovanni (ALJ), who rendered his initial decision on June 14, 2022. No exceptions were filed.

AnalysisHaving considered the record and the ALJ’s initial decision, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting of July 20, 2022, accepted and adopted the Findings of Fact and Conclusion as contained in the attached ALJ’s initial decision. However, the Commission did not agree with the ALJ’s recommendation that the 45 working day suspension should be modified to a 30 working day suspension. Rather, the Commission upheld the 45 working day suspension.

Along with its review of the charges, in determining the proper penalty, the Commission’s review is de novo. Upon its review, the Commission agrees that the upheld charges against the appellant merit a significantly penalty. The ALJ’s modification of the penalty was based on the appellant’s long history of previously unblemished service as well as the dismissal of one of the charges. However, the appellant is the Police Chief and as such is held to the highest standards. See Moorestown v. Armstrong, 89 N.J. Super. 560 (App. Div. 1965), cert. denied, 47 Nd. 80 (1966). See also, In re Phillips, 117 N.-J. 567 (1990) (Law enforcement officers are held to a higher standard than a civilian public employee). His misconduct in this matter was extensive and, as stated by the ALJ, “demonstrated disregard for the safety of his fellow officers and the public, and without advancing even a plausible reason for such conduct.” Moreover, such infractions, committed by the highest- ranking officer, clearly has an adverse effect on the public’s perception of law enforcement. A Police Chief should be a paragon of competence and serve as an example to all officers under his charges as well as to the public. The appellant’s misconduct in this matter fell far short of those standards. As such, the Commission finds that, notwithstanding the mitigating factors relied on by the ALJ, the 45 working day suspension was neither disproportionate to the offenses nor shocking to the conscious.

ORDER

The Civil Service Commission finds that the action of the appointing authority in disciplining the appellant was justified. The Commission therefore affirms the 45 working day suspension and dismisses the appeal of Keith Aiello.

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