N.O., CSC Docket No. 2021-1214

BackgroundN.O. appeals the request by the Department of Corrections to remove his name from the Correctional Police Officer (S9988A) eligible list for medical unfitness to perform effectively the duties of the position.

RuleN.J.A.C. 4A:4-6.5 provides for the Civil Service Commission (Commission) to utilize the expertise of the Medical Examiners Panel (Panel) to make a Report and Recommendation on medical disqualification issues. The Panel is composed of medical professionals, all of whom are faculty and practitioners of Rutgers New Jersey Medical School.

BackgroundThis appeal was brought before the Panel on August 9, 2021, which rendered its Report and Recommendation on August 13, 2021. The appointing authority’s physician was present at the meeting. The appellant was not present. No exceptions were filed by the parties.

The report by the Panel discusses all submitted evaluations. In this case, the Panel’s Chairperson, the Director of Occupational Medicine Service, Rutgers New Jersey Medical School, requested a medical consultant to perform a chart review and to make findings and recommendations regarding the appellant’s medical fitness for the job in question. Based on the evaluation of submitted medical information and the medical consultant’s review, the Panel found that the appellant suffers from hearing loss, and even with hearing aids, the appellant is unable to perceive sounds within a normal voice range. This was evident during his pre-appointment medical examination. In light of the position of a Correctional Police Officer and the working environment of a correctional facility, the Panel determined that the appellant did not meet the medical standards for the position.

CONCLUSION

The Job Specification for Correctional Police Officer is the official job description for such State positions within the Civil Service system. According to the specification, a Correctional Police Officer exercises full police powers and acts as a peace officer at all times for the detection, apprehension, arrest, and conviction of offenders against the law. Additionally, a Correctional Police Officer is involved in providing appropriate care and custody of a designated group of inmates. These officers must strictly follow rules, regulations, policies and other operational procedures of that institution. Examples of work include: encouraging inmates toward complete social rehabilitation; patrolling assigned areas and reporting unusual incidents immediately; preventing disturbances and escapes; maintaining discipline in areas where there are groups of inmates; ensuring that institution equipment is maintained and kept clean; inspecting all places of possible egress by inmates; finding weapons on inmates or grounds; noting suspicious persons and conditions and taking appropriate actions; and performing investigations and preparing detailed and cohesive reports.

The specification notes the following as required skills and abilities needed to perform the job: the ability to understand, remember and carry out oral and written directions and to learn quickly from written and verbal explanations; the ability to analyze custodial problems, organize work and develop effective work methods; the ability to recognize significant conditions and take proper actions in accordance with prescribed rules; the ability to perform repetitive work without loss of equanimity, patience or courtesy; the ability to remain calm and decisive in emergency situations and to retain emotional stability; the ability to give clear, accurate and explicit directions; and the ability to prepare clear, accurate and informative reports of significant conditions and actions taken.

Having considered the record, including the Job Specification for Correctional Police Officer, and the Panel’s Report and Recommendation issued thereon and having made an independent evaluation of the same, the Commission accepts and adopts the findings and conclusions as contained in the Panel’s Report and Recommendation. The Panel found that the appellant did not meet the medical standards for the subject position due to his hearing loss. The appellant’s medical condition impairs the training for and performance of such duties. Therefore, the record demonstrates that the appellant is not medically fit for a position as a Correctional Police Officer. Accordingly, his appeal is denied.

ORDER

The Commission finds that the appointing authority has met its burden of proof that N.O. is not medically fit to perform effectively the duties of the title and, therefore, the Commission orders that his name be removed from the subject eligible list.

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