Juan Cruz, CSC Docket No. 2022-1745

BackgroundJuan Cruz, a former County Correctional Police Officer, Hudson County, Department of Corrections, requests reconsideration of In the Matter of Juan Cruz (CSC, decided November 17, 2021), which upheld his removal and resignation not in good standing.

In his December 30, 2021, request, the petitioner attaches a Major Disciplinary Appeal Form, the Final Notice of Disciplinary Action (FNDA) indicating that he was resigned not in good standing, effective August 11, 2020, and a letter from his former attorney indicating that he had 45 days from the Civil Service Commission’s November 21, 2021, decision to file for reconsideration. Thereafter, the agency sent a February 7, 2022 letter to the parties acknowledging the petitioner’s request for reconsideration, advising the standard for reconsideration, and informing the parties that they had 20 days from receipt of that letter to submit additional information.

Appointing authority's argumentIn response, the appointing authority, represented by Georgina Giordano Pallitto, Assistant County Counsel, indicates that this agency’s letter was the first notice it received in this matter and argues that in accordance with N.J.A.C. 4A:2- 1.6(c), the petitioner’s failure to serve all parties with copies of his submission warrants that the matter be dismissed.1

1 The appointing authority also asked when the petitioner’s request for reconsideration was received and this agency informed the appointing authority that his request was postmarked December 30, 2021.

BackgroundAlthough given the opportunity, the petitioner did not submit any additional information.

CONCLUSION

RuleN.J.A.C. 4A:2-1.6(b) provides that a petition for reconsideration shall be in writing signed by the petitioner or his or her representative and must show the following:

1. The new evidence or additional information not presented at the original proceeding, which would change the outcome and the reasons that such evidence was not presented at the original proceeding; or

Analysis2. That a clear material error has occurred.

In this matter, as the petitioner did not provide any argument or evidence to support his request when he initially submitted his request or in response to this agency’s acknowledgement letter which advised him of the standard for reconsideration, he has failed to meet the standard for reconsideration. Accordingly, his request is denied.

ORDER

Therefore, it is ordered that this request be denied.

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