JARED BROWN, CSC Docket No. 2022-165

BackgroundThe appeal of Jared Brown, Senior Correctional Police Officer, Garden State Youth Correctional Facility, Department of Corrections, of his removal, effective July 14, 2021, on charges, was heard by Administrative Law Judge David M. Fritch (ALJ), who rendered his initial decision on March 10, 2022. Exceptions were filed on behalf of the appellant and a reply to exceptions was filed on behalf of the appointing authority.

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, the Civil Service Commission (Commission), at its meeting of April 27, 2022, accepted and adopted the Findings of Fact and Conclusion as contained in the attached ALJ’s initial decision.

The Commission makes only the following comments. The ALJ's initial decision was thorough and well-reasoned and most of his findings and conclusions were based on his assessment of the credibility of the witnesses. In this regard, upon its de novo review of the record, the Commission acknowledges that the ALJ, who has the benefit of hearing and seeing the witnesses, is generally in a better position to determine the credibility and veracity of the witnesses. See Matter of J. W.D., 149 N.J. 108 (1997). “[T]rial courts’ credibility findings ... are often influenced by matters such as observations of the character and demeanor of the witnesses and common human experience that are not transmitted by the record.” See also, In re Taylor, 158 N.J. 644 (1999) (quoting State v. Locurto, 157 N.J. 468, 474 (1999)). Additionally, such credibility findings need not be explicitly enunciated if the record as a whole makes the findings clear. Id. at 659 (citing Locurto, supra). The Commission appropriately gives due deference to such determinations. However, in its de novo review of the record, the Commission has the authority to reverse or modify an ALJ's decision if it is not supported by sufficient credible evidence or was otherwise arbitrary. See N.J.S.A. 52:14B-10(c); Cavalieri u. Public Employees Retirement System, 368 N.J. Super. 527 (App. Div. 2004). In this matter, the exceptions filed by the appellant are not persuasive in demonstrating that the ALJ's credibility determinations, or his findings and conclusions based on those determinations, were arbitrary, capricious or unreasonable. As such, the Commission has no reason to question those determinations or the findings and conclusions made therefrom. Moreover, the Commission wholeheartedly agrees with the ALJ’s determination that the appellant’s egregious conduct was deserving of removal from employment.

ORDER

The Civil Service Commission finds that the action of the appointing authority in removing the appellant was justified. The Commission therefore affirms that action and dismisses the appeal of Jared Brown.

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