Raylor Adames, CSC Docket No. 2021-1600

BackgroundThe appeal of Raylor Adames, Fire Fighter, Newark, Department of Public Safety, 10 working day suspension, on charges was heard by Administrative Law Judge Julio ©. Morejon (ALJ), who rendered his initial decision on March 31, 2023. 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 on May 3, 2022, adopted the ALJ’s Findings of Fact and Conclusions and his recommendation to modify the 10 working day suspension to a five working day suspension.

The Commission makes the following comments. The appellant argued that his suspension should have been no greater than two other individuals involved in the incident. However, the Commission notes that those indivduals’ matters were not decided by the Commission and it was not a party to any agreements regarding the penalties imposed on those individuals. Moreover, upon the Commission's de novo review of the penalty, it agrees with the ALJ that the modification of the 10 working day suspension to a five working day suspension, a minor discipline, is appropriate given the appellant’s infractions and the fact that he was ultimately in charge of the watch on the night in question.

Since the suspension has been modified, the appellant is entitled to be five working days of back pay, benefits, and seniority pursuant to N.J.A.C. 4A:2-2.10. However, he is not entitled to counsel fees. N.J.A.C. 4A:2-2.12(a) provides for the award of counsel fees only where an employee has prevailed on all or substantially all of the primary issues in an appeal of a major disciplinary action. The primary issue in the disciplinary appeal is the merits of the charges. See Johnny Walcot v. City of Plainfield, 282 N.J. Super. 121,128 (App. Div. 1995): In the Matter of Robert Dean (MSB, decided January 12, 1993); In the Matter of Ralph Cozzino (MSB, decided September 21, 1989). In the case at hand, although the penalty was modified by the Commission, charges were sustained, and discipline was imposed. Consequently, as appellant has failed to meet the standard set forth at N.J.A.C. 4A:2-2.12, counsel fees must be denied.

ORDER

The Civil Service Commission finds that the action of the appointing authority in suspending the appellant was justified. The Commission therefore modifies the 10 working day suspension to a five working day suspension. The Commission further orders that the appellant be granted five working days of back pay, benefits and seniority. The amount of back pay awarded is to be reduced as provided for in Nid. 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.

Counsel fees are denied pursuant to N.J.A.C. 4A:2-2.12.

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