Richard Camel, CSC Docket No. 2021-1517

BackgroundThe appeal of Richard Camel, County Correctional Police Officer, Passaic County, Sheriffs Department, 35 working day suspension, on charges, was heard by Administrative Law Judge Patrice E. Hobbs (ALJ), who rendered her initial decision on July 3, 2024. Exceptions were filed on behalf of the appointing authority and a reply was filed on behalf of the appellant.

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 filed by the parties, the Civil Service Commission (Commission), at its meeting on August 14, 2024, adopted the ALJ’s Findings of Fact and Conclusions and her recommendation to reverse the 35 working day suspension.

As mentioned above, the Commission has thoroughly reviewed the exceptions filed in this matter and finds them unpersuasive in all respects. The Commission makes the following comments. Among other things, the appointing authority argues that the appellant admitted to not following the leave policy in question, and thus, the ALJ’s finding that the appellant did not know of that policy was incorrect. The Commission disagrees. The Commission finds nothing in the record to establish that the appellant had not followed the previous policy, which he believed was in effect at the time of his absence. Further, the appellant followed the guidelines of the appropriate medical professionals at that time. As such, the Commission agrees with the ALJ’s assessment, that based on the evidence in the record, the appointing authority did not present sufficient credible evidence to sustain its burden of proof regarding the proffered charges.

Since the suspension has been reversed, the appellant is entitled to 35 working days of mitigated back pay, benefits, and seniority pursuant to N.J.A.C. 4A:2-2.10.

Moreover, the appellant is entitled to reasonable counsel fees pursuant to N.J.A.C. 4A:2-2.12.

This decision resolves the merits of the dispute between the parties concerning the disciplinary charges and the penalty imposed by the appointing authority. However, per the Appellate Division’s decision, Dolores Phillips v. Department of Corrections, Docket No. A-5581-01T2F (App. Div. Feb. 26, 2003), the Commission’s decision will not become final until any outstanding issues concerning back pay or counsel fees are finally resolved.

ORDER

The Civil Service Commission finds that the action of the appointing authority in suspending the appellant was not justified. The Commission therefore reverses that action and grants the appeal of Richard Camel. The Commission further orders that the appellant be granted 35 working days of back pay, benefits, and seniority. The amount of back pay awarded is to be reduced and mitigated as provided for in N.J.A.C. 4A:2-2.10. Proof of income earned, and an affidavit of mitigation shall be submitted by or on behalf of the appellant to the appointing authority within 30 days of issuance of this decision.

The Commission further orders that counsel fees be awarded to the attorney for the appellant pursuant to N..J.A.C. 4A:2-2.12. An affidavit of services in support of reasonable counsel fees shall be submitted by or on behalf of the appellant to the appointing authority within 30 days of issuance of this decision. Pursuant to N.J.A.C. 4A:2-2.10 and N.J.A.C. 4A:2.12, the parties shall make a good faith effort to resolve any dispute as to the amount of back pay and counsel fees.

The parties must inform the Commission, in writing, if there is any dispute as to back pay or counsel fees within 60 days of issuance of this decision. In the absence of such notice, the Commission will assume that all outstanding issues have been amicably resolved by the parties and this decision shall become a final administrative determination pursuant to R. 2:2-8(a)(2). After such time, any further review of this matter shall be pursued in the Superior Court of New Jersey, Appellate Division.