MICHAEL SOSA, CSC Docket No. 2022-1326

BackgroundThe appeals of Michael Sosa, Police Officer, Newark, Department of Public Safety, 94 working day suspension, on charges, was heard by Administrative Law Judge Joann LaSala Candido (ALJ), who rendered her initial decision on October 23, 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 November 22, 2023, adopted the ALJ's Findings of Fact and Conclusions as indicated in the initial decision. However, it disagreed with her recommendation to modify the 94 working day suspension to a six working day suspension. Rather, the Commission imposed a 30 working day suspension.

The Commission makes the following comments. Based on its de novo review of the record, the Commission agrees with the ALJ regarding the charges, including those that were dismissed. However, the question in this matter is penalty. Similar to its assessment of the charges, the Commission's review of the penalty is de novo. In addition to its consideration of the seriousness of the underlying incident in determining the proper penalty, the Commission also utilizes, when appropriate, the concept of progressive discipline. West New York v. Bock, 38 N.J. 500 (1962). In determining the propriety of the penalty, several factors must be considered, including the nature of the appellant's offense, the concept of progressive discipline, and the employee's prior record. George v. North Princeton Developmental Center, 96 N.J.A.R. 2d (CSV) 463. It is settled that the theory of progressive discipline is not a "fixed and• immutable rule to be followed without question." See Carter v. Bordentown, 191 N.J. 474 (2007). In this regard, the Commission emphasizes that a Police Officer is held to a higher standard than a civilian public employee. See