Jacqueline Coley, CSC Docket No. 2021-535

BackgroundThe appeal of Jacqueline Coley, Principal Clerk Transcriber, Plainfield, Fire Department, removal, effective November 2, 2020, on charges, was heard by Administrative Law Judge Wiliam J. Courtney (ALJ), who rendered his initial decision on February 22, 2024. Exceptions were filed on behalf of the appointing authority.

AnalysisHaving considered the record and the attached ALJ’s initial decision, and having made an independent evaluation of the record, the Civil Service Commission (Commission), at its meeting on May 1, 2024, rejected the recommendation contained in the ALJ’s initial decision and acknowledged the attached settlement.

In this matter, the parties had contacted the Commission subsequent to the issuance of the ALJ’s initial decision. Specifically, the parties indicated that they had settled the matter and forwarded the settlement to the Commission for review and acknowledgment. The policy of the judicial system strongly favors settlement. See Nolan v. Lee Ho, 120 N.J. 465 (1990); Honeywell v. Bubb, 1380 N.J. Super. 130 (App. Div. 1974); Jannarone v. W.T. Co., 65 N.d. Super. 472 (App. Div. 1961), cert. denied, 35 N.J. 61 (1961}. This policy is equally applicable in the administrative area. A settlement will be set aside only where there is fraud or other compelling circumstances. The settlement provides for the appellant’s reinstatement through December 31, 2024, with back pay and counsel fees. It was also agreed that the appellant would retire at that time. Upon review of the settlement, the Commission finds that it complies with Civil Service law and rules. As such, the Commission rejects the initial decision and acknowledges the settlement.

ORDER

The Civil Service Commission rejects the initial decision and acknowledges the settlement.

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