Augustin Alvarez, CSC Docket No. 2021-1692

BackgroundThe appeal of Augustin Alvarez, County Correctional Police Sergeant, Union County, Department of Corrections, 28 calendar day suspension, on charges, was heard by Administrative Law Judge Matthew G. Miller (ALJ), who rendered his initial decision on May 5, 2022. Exceptions and a reply were filed on behalf of the appellant and a reply to exceptions and subsequent reply was filed on behalf of the appointing authority.

AnalysisHaving considered the record and the AL.J’s initial decision, including a thorough review of the exceptions and replies, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting of June 15, 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 in this matter. In that regard, the Commission finds them unpersuasive and mostly unworthy of comment as the ALJ’s findings and conclusions in upholding the charges and the penalty imposed based on his thorough assessment of the record are not arbitrary, capricious or unreasonable. Nevertheless, the Commission makes the following comments. In his initial decision, and in the appellant’s exceptions,! there is reference to alleged procedural violations that

1 In the appellant's reply to the appointing authority’s reply to exceptions, he argues that those submissions should not be considered as they are actually exceptions to the initial decision and not a reply, and as such, are untimely. It is noted that the Commission gives its staff great latitude in granting extensions to parties to file post-initial decision submissions. The Commission’s ultimate goal is to have a complete record before it so it can make the most well-reasoned and supportable final decision. As such, the appointing authority's reply was submitted within the extended time period granted by staff. In this regard, the Commission considered those submissions, which, contrary to the appellant's argument, are best characterized as a reply to his exceptions. Regardless, neither the occurred at the departmental level. The ALJ did not address those arguments in his initial decision. Regardless, the Commission notes that the appellant did not file a request for interim relief pursuant to N..A.C. 4A:2-1.2 when the alleged violations occurred. It was at that time that the Commission could have properly dealt with such violations, if they actually occurred. However, once the appellant was granted a de novo hearing by the Commission on the underlying charges, any procedural violations that may have occurred at the departmental level are deemed cured. See Ensslin v. Township of North Bergen, 275 N.J. Super. 352, 361 (App. Div. 1994), cert. denied, 142 N.J. 446 (1995); In re Darcy, 114 N.J. Super. 454 (App. Div. 1971).

ORDER

The Civil Service Commission finds that the action of the appointing authority in suspending the appellant was justified. The Commission therefore affirms that action and dismisses the appeal of Augustin Alvarez.

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